On November 15, 2021, Pinpoint Land Surveys submitted to the Planning Division an application for Amended Lot 200 and Adjacent Parkland, Terrace Estates Subdivision, 3rd Filing, minor preliminary plat. This plat has property that is located both in Yellowstone County and the City of Billings, therefore, both governing bodies will review the plat. The purpose of this subdivision is to create 4 lots and complete a land swap with the City of billings to exchange parkland with the new design and reconfiguration of the subdivision. The parkland will be a trade of land, the developer will trade some land for city park and the City of Billings will trade some park land to the developer. With completion of the land swap, the City of Billings will gain 0.05 acres or 2,178 square feet of park land. The parkland was dedicated to the city in the original subdivision. Since then, the developers have de-annexed the subdivision and are vacating the plat. Parkland cannot be vacated, therefore, there is a need to arrange a land swap. This plat does not complete or approve the land swap, instead, it creates a condition of approval that the land swap and annexation requirements are met prior to final plat approval. The property is generally located on the north side of Alkali Creek Road and west of Strawberry Avenue. The land is zoned Large Lot Suburban Neighborhood (N4).

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 receive approval from the MDEQ for the proposed water systems, septic systems and the proposed storm water management.
2. To protect public health and safety, prior to final plat approval, the applicant will pay the required fee to use the existing pressurized fire hydrant owned by the City of Billings as outlined in County Resolution No. 19-53.
3. To protect the public interest in public lands, prior to final plat approval, the applicant will coordinate with City of Billings Legal Department in coordination with City of Billings Parks, Recreation and Public Lands (PRPL), to exchange parkland with land from the applicant. The applicant will provide all paperwork required by City Legal and PRPL that includes but is not limited to, legal land descriptions, amount of land in the exchange and any other documentation needed for the process to go before the City Council.
4. To avoid pieces of County lots being within the City limits and pieces of City park land being in the County, prior to final plat approval or at the same time as final approval, the applicant will coordinate the annexation and de-annexation process with the Planning Department to get exchanged pieces of land within the correct jurisdiction.
5. To minimize effects on the natural environment, prior to final plat approval a weed management plan and property inspection shall be completed by the County Weed Department.
6. Minor changes may be made in the SIA and final documents, as requested by the Planning and/or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
7. The final plat shall comply with all requirements of the County Subdivision Regulations, rules, regulations, policies, and resolutions of the Yellowstone County, including laws regarding moving houses onto or off the property, and the laws and Administrative Rules of the State of Montana.

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision. 

In accordance with state law, the City Council has 35 working days to act upon this major preliminary plat. The 35 working day review period for the proposed plat ends on January 7, 2022. 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 35 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 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.