On February 1, 2018, Sanderson Stewart for Mont Vista, LLC, applied for preliminary minor plat approval for Western Sky Subdivision, 2nd Amended. The proposed subdivision would create 5 lots. The subject property is generally located on the southeast corner of the intersection of South 48th Street West and King Avenue West.  The property is zoned Planned Development (PD), the property is used as farmland at this time.  The new lots will be created for new commercial and residential construction.  The applicant requested delays to the preliminary plat submittal in order to address concerns raised by staff including Engineering and Parks about the Traffic Impact Study (TIS), stormwater management and parkland.  Additional concerns were related to access along King Avenue West. Now that these concerns have been adequately addressed, the preliminary plat is now coming before the City Council for preliminary approval.

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 because of requested delays ends on July 5, 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 35 working day review period, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

VARIANCE REQUESTED
A variance from Section 23-406 - Streets and Roads (6), City of Billings Subdivision Regulations has been requested.  Dead-end Roads.  The maximum allowable length of dead-end road is six hundred (600) feet.
 
Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment A.

PROCEDURAL HISTORY

• Pre-application meeting on January 18, 2018 to discuss the proposal.
• Preliminary plat application submitted to the Planning Division on February 1, 2018.
• A departmental review comments were returned on February 15, 2018.
• Applicant requested an extended delay on the proposed plat to mitigate issues raised by MDT, City Engineering regarding the Traffic Impact Study, access and infrastructure. Resubmittal occurred June 3, 2019.
• City Council will consider the preliminary plat on June 24, 2019.
• The 35 working-day preliminary plat review period originally ended March 22, 2018, with the requested extended delay the review period ends July 5, 2019.

PLAT INFORMATION
General location:            Southeast corner of the intersection of South 48th Street West and King Avenue West
Legal Description:          Western Sky Subdivision, Lots 3 and 4, Block 1
Owner/Subdivider:         Mont Vista, LLC
Engineer and Surveyor: Sanderson Stewart
Existing Zoning:             PD
Existing land use:          Farmland
Proposed land use:       Residential and commercial
Gross and Net area:     65.19 acres; 62.34 acres
Proposed number of lots: 5
Lot size: Max:             31.1 acres  Min: 3.1 acres
Parkland requirements: This subdivision is providing a cash in lieu contribution for parkland based on the residential zoning within the PD.

STAKEHOLDERS
A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision. 

Approval of this subdivision does not have a direct impact fiscal impact to the Planning Division's budget.

Staff is forwarding a recommendation of conditional approval of the preliminary plat of Western Sky Subdivision, 2nd Amended to the City Council, adoption of the Findings of Fact as presented in the staff report and approval of the variance request.

PROPOSED CONDITIONS OF APPROVAL
Staff recommends the following conditions of approval:
 
1. To protect the public health and safety and ensure all infrastructure is installed correctly, prior to final plat approval the applicant will have all plans for water, sewer and storm management reviewed and approved by the City of Billings Engineering Division and the MDEQ.
 
2. To ensure the provision of easements for utilities, prior to final plat approval the subdivider shall provide utility easements on the final plat for proposed water and sewer line as well as those requested by the private utility companies.
 
3. To protect public health and safety and to ensure correct construction of roads, prior to final plat approval the applicant will submit all drawings for road construction to the City of Billings Engineering Division for review and approval prior to construction.
 
4. 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.
 
5. To ensure the construction of trails in the subdivision, prior to final plat approval the applicant will show easements on the final plat indicating where the trails will be placed and in the SIA under the heading F. Billings Area Bikeway and Trail Master Plan, the lots that will have the trails in them will be called out - Lots 1, 4 and 5.
 
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.