Staff recommends the City Council conditionally approve the preliminary plat of Zimmerman Home Place, 3rd Filing and adopt the Findings of Fact as presented in the staff report.

On July 15, 2022, Performance Engineering applied for preliminary minor plat approval for Zimmerman Home Place Subdivision, 3rd Filing. The proposed subdivision creates 5 lots for commercial or residential development. The subject property is generally located north of Avenue E and west of Zimmerman Trail. The property is zoned Neighborhood Office-Residential (NO).

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

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 to determine what type of deliver system is preferred and to locate and provide 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, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting June 9, 2022
• Preliminary plat application submitted to Planning Division on July 15, 2022
• Preliminary plat to City Council August 22, 2022
• 35 working-day preliminary plat review period ends September 1, 2022

PLAT INFORMATION

General location:                                North of Avenue E and west of Zimmerman Trail

Legal Description:                              Lot 1, Block 3 Zimmerman Home Place Subdivision

Owner/Subdivider:                             Preston Lees

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 NO

Existing land use:                                Vacant

Proposed land use:                              Commercial and/or Residential

Gross and Net area:                             12.125 acres; 12.125 acres

Proposed number of lots:                    5

Lot size:                                               Max:    4.089 acres
                                                            Min:     1.324 acres

Parkland requirements:                       Parkland dedication is not required as this is a minor subdivision.
 

No stakeholder comment has been provided at this time. The public may provide comment on this item during the public comment portion of the City Council meeting at which this item is considered.
 

In accordance with state law, the City Council has 35 working days to act upon this minor preliminary plat. The 35 working day review period for the proposed plat ends on September 1, 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 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.