Staff recommends the City Council conditionally approve the preliminary plat of Amended Midland Subdivision, 4th Filing and adopt the Findings of Fact as presented in the staff report.

On November 15, 2022, Performance Engineering, applied for preliminary minor plat approval for Amended Lot 1-K Midland Subdivision, 4th Filing. The proposed subdivision creates 2 lots for residential/commercial development. The subject property is generally located west of South 29th Street West and south of King Avenue West. The property is zoned CMU2, Corridor Mixed Use 2.

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 provide multiple ways out of the property, prior to final plat approval, the applicant will coordinate reciprocal access easements with the surrounding property owners to the north and south.

2. To protect public health and safety, prior to final plat approval, the applicant will include language in the SIA under the heading III Transportation E, to require a TIS with future development that will generate more than 500 trips per day. All intersection impact contributions identified within the traffic impact study must be made prior to the issuance of any building permits.

3. 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.

4. 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 August 4, 2022
• Preliminary plat application submitted to Planning Division on November 15, 2022
• Preliminary plat to City Council December 19, 2022
• 35 working-day preliminary plat review period ends January 6, 2023

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 minor preliminary plat. The 35 working day review period for the proposed plat ends on January 6, 2023. 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.