The Planning Board is forwarding a recommendation of conditional approval of the preliminary plat of Bitterroot Heights Subdivision, 3rd 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 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 residents.
2. 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.
3. 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, PEC Engineering, agent for BCJM Properties, LLC, applied for preliminary major plat approval for Bitterroot Heights Subdivision, 3rd Filing. The proposed subdivision creates 71 lots for residential development. The subject property is generally located on the west side of Bitterroot Drive and north of Mary Street. The property is zoned Neighborhood 3 (N3). 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:	West side of Bitterroot Drive and north of Mary Street
Legal Description:	COS 3217, Tract 2A-1, and a portion of Lot 1, Block 7, Bitterroot Heights Subdivision, 2nd Filing
Owner/Subdivider:	BCJM Properties, LLC
Engineer and Surveyor:	PEC Engineering
Existing Zoning:	N3
Existing land use:	Vacant Lane
Proposed land use:	Residential
Gross and Net area:	23.82 acres / 17.89 acres
Proposed number of lots:	71
Lot size:	Max: 19,442 square feet Min.: 8,743 square feet
Parkland requirements:	Parkland dedication was met with the 1st and 2nd filings.

Staff gave a brief presentation to the planning board at the public hearing. Staff pointed out that they had received a letter from a surrounding property owner concerned with zoning and traffic (See attached letter). Zoning is not part of subdivision, but it was pointed out that the zoning for the new filing is the same as the existing first and second filing zoning of this subdivision. Also, with this filing the subdivider will be providing a second way out so the additional traffic will have a second way out and reduce the traffic through the existing subdivision. &nbsPresident Woods called for questions and discussion. President Woods commented on the issue of on street parking denoted in the citizen letter. He stated that on street parking is allowed usually causing traffic in residential neighborhoods to slow down to safer speeds. There were no other comments or questions from the board.

President Woods opened the public hearing and asked if there is anyone wishing to speak in favor or against Bitterroot Heights Subdivision, 3rd Filing. There were no calls received from the public. President Woods closed the public hearing.

a President Woods asked for a motion, a motion was made and seconded to recommend conditional approval of the preliminary plat 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 no fiscal impact on the City-County 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 minimal impacts from this proposed subdivision.