Staff proposes the Planning Board recommend the City Council conditionally approve the preliminary plat of Buffalo Crossing Subdivision and adopt the Findings of Fact as presented in the staff report.

On August 1, 2022, WWC Engineering, applied for preliminary minor plat approval for Buffalo Crossing Subdivision. The proposed subdivision creates 80 lots for residential development. The subject property is generally located south side of Grand Avenue and west of Trails West Subdivision. The property is a Planned Neighborhood Development (PND) with zonings of, N3 - Suburban Neighborhood ( 1 unit), P1 – Parks and Open Space, NX2 – Mixed Residential 2 (2 to 8 Units), and N2- Mid-Century Neighborhood (1 and 2 units).

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 protect public health and safety and ensure a correct turn around, prior to final plat approval, should the applicant determine to build the subdivision using phases, the applicant will provide a temporary cul-de-sac where phase one roads end. This information will be included in the SIA and shown on the plat.

2. 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.

3. To protect public health and safety and ensure correct platting of a phased subdivision, prior to final plat approval should the applicant determine they will pursue a phased development they will be required to submit the correct documents for a phased subdivision.

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, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting February 17, 2022
• Preliminary plat application submitted to Planning Division on August 1, 2022
• Departmental review meeting August 18, 2022
• Subdivision resubmittal August 25, 2022
• Planning Board plat review September 13, 2022
• Planning Board public hearing September 27, 2022
• Preliminary plat to City Council October 24, 2022
• 35 working-day preliminary plat review period ends October 24, 2022

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

PLANNING BOARD DISCUSSION MEETING NOTES:
Staff gave a brief presentation to the planning board. After the presentation, Board President Cook called for discussion.  Board member Larsen asked regarding the pedestrian trail, staff provided clarification on the location.  Lot 13 is designated for parkland that runs along Birely Drain. There were no questions for staff from the board. 

Greg Reid with WWC, agent for the applicant, stood to address the board. In a response to a question by Board member Woods, he said that the stormwater control area will be a detention flowing to Birely Drain.  Monica Plecker asked about the alignment of Stockman and specifically whether it met the requirements of the Development Agreement associated with the recently annexed property. Greg Reid explained the notation of the need for Stockman Avenue to go southward per the functional classification map.  The owner has made a request to purchase Tract 4B to create an easement.  Conversations are undergoing regarding the Birely Drain agreement and access easements. Pedestrian trail will be 8-ft trails.  A shorter connection across the Birely Drain would be to connect to Blackberry Way, it is approximately 120 feet and then 180 feet L shaped. 

President Cook asked Scott Reiter if Ben Steele school is over capacity. Mr. Reiter responded that it is currently over capacity. He commented that the school district is beginning to look at boundary markers for west end schools. If they are readjusted it would move students that live closer to Will James Middle School to that school instead of going to Ben Steele. Will James does have some additional capacity.

There were no other questions from the Planning Board members.                                

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 24, 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 60 working day review period, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat