The Planning Board recommends to City Council and Board of County Commissioners that the preliminary plat of Ridgeline Subdivision be conditionally approved and adopt the Findings of Fact as presented in the staff report. 

On October 1, 2021, Performance Engineering, applied for preliminary major plat approval for Ridgeline Subdivision. The proposed subdivision creates 11 lots for residential and commercial development. The subject property is generally located on the northeast corner of the intersection of King Avenue West and South 48th Street West. The property is zoned PND, builders will follow the PND when developing the lots. This property is part of an already approved Planned Neighborhood Development and phased annexation plan. The Development Agreement between the City and Developer outlines the timeline for approval of the phasing. This preliminary plat is for the property in its entirety. As such, the City will be the approving body and the Board of County Commissioners will also acknowledge the plat and terms of development. The phased nature of the annexation is why both the City Council and Board of County Commissioners are involved in the review and approval of this plat. 
 
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, prior to final plat approval, the applicant will submit all drawings and specifications for water systems, sewer systems and stormwater systems to the City of Billings Engineering Department for review and approval prior to installation.
2. To protect public health and safety, prior to final plat approval, the applicant will submit all drawings and specifications for fire hydrants and their locations to the City of Billings Fire Department for review and approval prior to installation.
3. 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. 
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.

PROCEDURAL HISTORY

• Pre-application meeting April 15, 2021
• Preliminary plat application submitted to Planning Division on October 1, 2021
• Departmental review meeting October 14, 2021
• Preliminary plat resubmittal October 21, 2021
• Planning Board plat review November 9, 2021
• Planning Board public hearing November 23, 2021
• Preliminary plat to City Council December 20, 2021
• Preliminary plat to Board of County Commissioners December 21, 2021
• 60 working-day preliminary plat review period ends December 30, 2021

PLAT INFORMATION

General location:                                Northeast corner of the intersection of King Avenue West and South 48th Street West

Legal Description:                              COS 983 Parcel 2G1, 2H1, 2C and 14

Owner/Subdivider:                             Kelly Coleman

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 PD

Existing land use:                                Farmland

Proposed land use:                              Residential/Commercial

Gross and Net area:                             65.317 acres / 57.635 acres

Proposed number of lots:                    11

Lot size:                                               Max:    16.11 acres
                                                            Min.:    10,001 square feet

Parkland requirements:                       Parkland dedication requirement is 5.310 acres. The applicant is proposing to have 5.334 acres. The parkland will be private parks maintained by the subdivision.

A public hearing was held by the Planning Board on November 23, 2021. Staff gave a presentation about the proposed subdivision to those in attendance. Board President Woody Woods asked for question from the board to the staff, there were none.

President Woods then opened the public hearing to those wishing to speak in favor, or opposition of the proposed subdivision. Sharon Wetsch, a property owner whose land is completely surrounded by the proposed subdivision, stood to speak in opposition of the proposed subdivision. 

Ms. Wetsch asked clarifying questions about the access. She stated she’s gone to the zoning commission and doesn’t agree that there should be high density development next to her. She has water rights and wildlife enjoys her property. Most trees on her property are on the west side. She is worried about her road access changing in any way. She is working to put solar power to her house and two shops. She believes high rise apartments will interfere with the solar access. Ms. Wetsch stated she would like to buy property south of her home for a community garden. Ms. Wetsch feels safety in the area is going to become an issue. Lenhardt square has 770 new units, this project will be about 300 new units. She is worried about police protection, worried about drug and crime activity, worried about light and noise pollution. Ms. Wetsch believed there would be housing around her, she never expected just townhouses and high-rise apartments. She doesn't see any reason to plat this type of development and adamantly objects to being hemmed in with nothing but apartments. Wishes to have it sent back and re-platted. Feels it's unexpected from the people located along Georgina. 

Mr. Craig Dalton, Performance Engineering, agent for the applicant, addressed some concerns. Mr. Dalton mentioned being a good neighbor and that they had reached out to Ms. Wetsch from the beginning of the project. With the Planned Development and code requirements they are required to have NX zoning along the principle arterials. That guided how the property was laid out. They have laid out the subdivision to help provide a small amount of buffer around Ms. Wetsch's home. Mr. Dalton said the NX2 zoning will allow a two-story height maximum building.  The current proposal is to construct four-unit townhomes which will not affect Ms.Wetsch’s solar services. Her easement is her easement and she will have access always and the landowner is required to keep it there. Traffic is a problem in this part of Billings and will continue to get worse with more development. A traffic study was conducted, and they are working with MDT and the Public Works Department to address the issues.  At minimum, a traffic signal will be installed at the intersection of 48th Street West and King Avenue West.  The developer is participating in the intersection improvements, but a dollar amount has not been set at this time.  Future traffic along King Avenue and 48th Street West will be addressed according to current traffic volumes. A roundabout is proposed for this intersection in the future.

Board member Hillius asked if the access easement to Ms. Wetsch's home is paved or gravel. Mr. Dalton said the access easement is paved and the corridor will remain to maintain the paved access.  Board member Tunnicliff asked if it is a private easement, Mr. Dalton said it is a private easement.  Board member Tunnicliff pointed out that this conversation has been primarily related to zoning and said it is not within the scope of the Planning Board review or consideration.

There were no other comments. Board President Woods closed the public hearing and asked for a motion. A motion was made to forward a recommendation of conditional approval, with the proposed conditions and SIA, to the City Council and County Commissioners, the motion was seconded. The motion was unanimously approved.

In accordance with state law, the Governing Body has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on December 30, 2021. Subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The Governing Body 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 Governing Body 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 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 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.