The Planning Board recommends conditional approval of the preliminary plat of High Sierra Subdivision, 19th Filing to the City Council, and adopt the Findings of Fact as presented in the staff report. 

On August 2, 2021, Sanderson Stewart, agent for High Sierra II, Inc., applied for preliminary major plat approval for High Sierra Subdivision, 19th Filing. The proposed subdivision creates 17 lots for residential development. The subject property is generally located west of Entrada Road and east of Matador Avenue in Billings Heights. The property is zoned Suburban Neighborhood (N3). The proposed lots will follow the current zoning for lot frontage.

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 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.

PROCEDURAL HISTORY

• Pre-application meeting May 27, 2021
• Preliminary plat application submitted to Planning Division on August 2, 2021
• Departmental review meeting August 19, 2021
• Preliminary plat resubmittal August 26, 2021
• Planning Board plat review September 14, 2021
• Planning Board public hearing September 28, 2021
• Preliminary plat to City Council October 25, 2021
• 60 working-day preliminary plat review period ends October 26, 2021

A combined public hearing was held September 28, 2021, for this subdivision and 3 other filings of High Sierra. A brief presentation was given by staff to the Planning Board. After the presentation the staff stood for questions from the Board. President Woods asked for questions and discussion from the Board.  There were no questions from the Planning Board for staff. Gary Oakland of Oakland and Companies, developer of the subdivision, stood to answer any questions that board may have for him, there were no questions for Mr. Oakland. 

President Woods opened the public hearing, there was no one from the public at the meeting and there were no calls from the public regarding the proposed subdivision. The public hearing was closed, and a motion was made to forward a recommendation to the city council of conditional approval of the proposed plat and adoption of the findings of fact as presented in the staff report. The motion was seconded, a vote was taken and passed unanimously. The public hearing was closed, and a motion was made to forward a recommendation to the city council of conditional approval of the proposed plat and adoption of the findings of fact as presented in the staff report. The motion was seconded, a vote was taken and passed unanimously.

 

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 October 26, 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 plat will have no fiscal impacts 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.