Staff recommends the Planning Board recommend conditional approval of the preliminary plat of Cherry Island Subdivision to the City Council and adopt the Findings of Fact as presented in the staff report. 

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

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 and to ensure proper storm drainage functioning, prior to final plat approval, the applicant will include language in the SIA under the heading V. Storm Drainage, outlining the HOA responsibility to maintain the system. The language will be coordinated with the City Public Works Department to ensure it is correct and meets requirements of the City.
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 residents.
3. 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.
4. 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 June 1, 2021, Sanderson Stewart, agent for Cherry Island, LLC, applied for preliminary major plat approval for Cherry Island Subdivision. The proposed subdivision creates 41 lots for residential development. The subject property is generally located between Cherry Creek Loop and east of Bitterroot Drive. The property for the proposed subdivision is going through the annexation process and a zone change. The property is proposed to be zoned Neighborhood Residential (N3), this zoning is for a single family home on each lot. The proposed lots will be developed in compliance with zoning through the building permit process. The zone change and petition for annexation are running concurrently with this application. 

PROCEDURAL HISTORY

• Pre-application meeting March 3, 2021
• Preliminary plat application submitted to Planning Division on June 1, 2021
• Departmental review meeting June 17, 2021
• Preliminary plat resubmittal June 24, 2021
• Planning Board plat review July 13, 2021
• Planning Board public hearing July 27, 2021
• Preliminary plat to City Council August 23, 2021
• 60 working-day preliminary plat review period ends August 25, 2021

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on July 27.

PLANNING BOARD PLAT REVIEW DISCUSSION
President Woods asked if there were any questions from the Board. President Woods asked about the road dedication and Lot 21.  Staff stated that Lot 21 will have the road in it for public access to the new road, it is also outlined in the SIA.  President Woods noted the language in the SIA on page 2 and page 3 regarding sidewalks, noting there is a conflict of how long the sidewalks have to be installed before the City installs them and creates an SID. Staff noted that will be corrected before final plat.  President Woods noted page 5 in the SIA, 3^rd bullet-Fire hydrant. It mentions hydrant spacing for commercial and residential. Staff responded that is standard language required by the City Fire Department, there will be no commercial development with this proposed subdivision. Board member Larsen asked if the developer plans to also be the builder. Gary Owen with Sanderson Stewart state he doesn’t believe the developer will be building homes, but he can get confirmation. 

 

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 subdivision ends on August 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.