On February 1, 2019, Sanderson Stewart, agent for McCall Development, Inc., applied for preliminary major plat approval for Annafeld Subdivision, 3rd Filing. The proposed subdivision creates 100 new lots for development. The subject property is generally located south of Elysian Road and west of the Hogan Slough. The property is currently proceeding through the annexation process. The annexation will be completed when this application is acted upon by City Council at this meeting. The property is zoned Planned Development (PD) and the proposed lots will be developed in substantial compliance with the approved Planned Development Master Plan.

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 29, 2019. State and City subdivision regulations also require 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

VARIANCE REQUESTED
No variance has been requested.

PROCEDURAL HISTORY

• Pre-application meeting January 10, 2019
• Preliminary plat application submitted to the Planning Division on February 1, 2019.
• Departmental review meeting February 14, 2019
• Preliminary plat re-submittal February 21, 2019
• Planning Board plat review March 12, 2019
• Planning Board public hearing March 26, 2019
• Preliminary plat to City Council April 22, 2019
• 60 working-day preliminary plat review period ends April 29, 2019

PLAT INFORMATION
General location:              South of Elysian Road, east of East Lane, west of the Hogan Slough.
Legal Description:            Lots 1, Block 10 and Lot 1, Block 12 of Annafeld Subdivision, 2nd Filing
Owner/Subdivider:            McCall Development, Inc.
Engineer and Surveyor:     Sanderson Stewart
Existing Zoning:               PD
Existing land use:            Farmland
Proposed land use:          Residential and Commercial
Gross and Net area:         35.05 acres; 24.85 acres
Proposed number of lots: 100
Lot size: Max:                 12.01 acre Min: 2,025 square feet
Parkland requirements: In accordance with 76-3-621(6)(a), MCA, the overall Planned Development Master Plan provides for land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who ultimately reside in the
development and meets or exceeds the 11% net land area dedication requirement.

STAKEHOLDERS
The Planning Board considered this application at its regular meeting on March 26th. Staff gave a brief presentation about the proposed subdivision.  Board President Darell Tunnicliff asked if there were any questions for staff about the proposed subdivision. There were none.

Board President Darell Tunnicliff asked if the applicant or the agent would like to stand and speak to the Board.  Mr. Brad McCall stood to show some graphics that illustrate what is being proposed to be built in the proposed subdivision. There were no questions for Mr. McCall.  The public hearing was open and no one from the public stood to speak.  The public hearing was closed and a motion was made to forward a recommendation of conditional approval, including the Findings of Fact, to the City Council. The motion was seconded and received a unanimous vote.

If the City Council approves the preliminary plat, the subject property may further develop under private ownership, resulting in additional tax revenues to the City as well as demand for services.

The Planning Board is forwarding a recommendation of conditional approval of the preliminary plat of Annafeld Subdivision, 3rd Filing, to the City Council, and adoption of the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
The Planning Board recommends the following conditions of approval:
1. To minimize impacts on storm water detention facilities and ensure proper maintenance of the proposed system, prior to final plat approval, the applicant will provide an HOA Storm Water Facility Maintenance Agreement for review by the City of Billings Engineering Division. This agreement shall outline the maintenance responsibilities of the storm water facilities.
2. To minimize the impact of future road infrastructure and to ensure any impacts the subdivision may have on the existing roads are mitigated, prior to final plat approval the applicant will determine dollars amounts of the required contributions to the existing roads. The applicant will also have all of the streets named in the subdivision.
3. To ensure the public park associated with this subdivision can be constructed and maintained correctly, prior to final plat approval the applicant has been asked to replace the second and third paragraph wording in the SIA under the heading VII. Parks/Open Space with wording provided by the City of Billings PRPL Division, this wording may further be discussed between the applicant and the Parks Department. The language is as follows:

In addition, the lots within Annafeld Subdivision, 3rd Filing (not already participating in the park SID 1404 from Annafeld Subdivision, 1st Filing) shall provide additional funding to complete the park improvements for the previously created public parkland by SID. The park improvements shall be in accordance with the Council approved Annafeld Parks Master Plan. The Subdivider shall prepare all SID documents necessary for creation, and coordinate with the City of Billings Parks and Recreation Department for review and approval. If all park improvements as defined in the Annafeld Parks Master Plan have been completed prior to the creation of this park SID, then this park SID will no longer be required.

The current park maintenance district (PMD 4041) for Annafeld Subdivision, 1st Filing shall be expanded to include lots within Annafeld Subdivision, 3rd Filing for the perpetual maintenance of the public parkland. The Subdivider shall prepare all park maintenance district documents necessary for its expansion and coordinate with the City of Billings Parks and Recreation Department for review and approval.

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.