The Planning Board is forwarding a recommendation of conditional approval of the preliminary plat of Yellowstone Landing Commercial Park Subdivision 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 protect public health and safety in relation to traffic movement, prior to final plat approval, the applicant will provide the City Engineering Department and the Montana Department of Transportation with a TIS. Any required improvement identified in the TIS will be installed by the applicant as well as striping AJ Way as outlined in the Findings of Fact.

2. To minimize the effects on local service, prior to final plat approval the applicant will coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the subdivision.

3. To protect public health and safety and to ensure proper documentation for the proposed phasing of the subdivision, prior to final plat approval the applicant will include the Exhibit and Declaration of Restriction on Transfer documents for future phases.

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.

On March 1, 2021, Performance Engineering, agent for Aviation Properties, LLC, applied for preliminary major plat approval for Yellowstone Landing Commercial Park. The proposed subdivision creates 10 lots for commercial development. The subject property is generally located on the north side of Highway 3 and east of A J Way. The property is currently zoned Heavy Commercial (CX). The proposed lots will be developed in compliance with the zoning as the property is developed.

VARIANCE REQUESTED
The applicant is not requesting a variance from the subdivision regulations.

PROCEDURAL HISTORY

• Pre-application meeting January 28, 2021
• Preliminary plat application submitted to Planning Division on March 1, 2021
• Departmental review meeting March 18, 2021
• Preliminary plat resubmittal March 25, 2021
• Planning Board plat review April 13, 2021
• Planning Board public hearing April 27, 2021
• Preliminary plat to City Council May 24, 2021
• 60 working-day preliminary plat review period ends May 25, 2021

PLAT INFORMATION

General location:	North side of Highway 3 and east of A J Way
Legal Description:	COS 2037, Tract 14A
Owner/Subdivider:	Aviation Properties, LLC
Engineer and Surveyor:	Performance Engineering
Existing Zoning:	CX
Existing land use:	Farm Land
Proposed land use:	Commercial
Gross and Net area:	25.96 acres / 21.62 acres
Proposed number of lots:	10
Lot size:	Max: 4.13 acres Min: 0.86 acres
Parkland requirements:	Parkland dedication is not required with commercial subdivisions

Staff gave a brief presentation at the public hearing held April 27, 2021, with the Planning Board. President Woods called for questions and discussion from the Board, there were none.

President Woods opened the public hearing and asked if there was anyone wishing to speak in favor or against Yellowstone Landing Commercial Park Subdivision. There was none. One letter from a member of the public was received during the review process regarding this subdivision and concerns about land use, and it is attached to this memo for reference.  President Woods closed the public hearing and called for a motion.

A motion was made and seconded to recommend conditional approval of the preliminary plat of Yellowstone Landing Commercial Park Subdivision to the City Council and adopt the Findings of Fact as presented in the staff report. The motion carried with a unanimous voice vote.

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 May 25, 2021. 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

This subdivision will have np fiscal effects on the Planning Division.

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider’s responsibility to mitigate.  Various City departments, private service/utility providers and the affected school district/s, have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be a few impacts from this proposed subdivision.