Staff proposes the Planning Board recommend to City Council that the preliminary plat of Fifty Four West Subdivision be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On March 1, 2023, KLJ Engineering, on behalf of Michael Christensen, applied for preliminary subsequent Major plat approval for Fifty Four West Subdivision. The Proposed subdivision creates 66 lots for residential development. The subject property is generally located North of Rimrock Road and East of 54th Street West. The property is currently zoned N3. Per the zoning code, the property will need to be rezoned to a Planned Neighborhood Development. Additionally, in order for this land to develop in the City, annexation is required. Both an annexation and zone change are being reviewed by staff and will be considered concurrently with this application. The land is currently vacant.

VARIANCES
No variances are requested.

PROPOSED CONDITIONS OF APPROVAL

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. To minimize the effect on local services, to be compliant with Planned Neighborhood Development zoning regulations, and because of the location in proximity to Cottonwood Park, the subdivider shall provide a combination of 2% (.33 acres) developed park and 9% (1.46 acres) cash-in-lieu. The dollar value shall be determined based on methods outlined in Section 23-1007 of the City of Billings Subdivision Regulations. The payment shall be made prior to final plat approval.
3. In order to protect public health and safety and provide for future park maintenance, all required parkland shall be privately owned and maintained. Prior to final plat approval, the subdivider shall submit for review and comment, documents outlining how the maintenance will occur.
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.
6. In order to protect public health and safety and adhere to Crime Prevention Through Environmental Design (CPTED) principles; fences within the rear yard setback of Lots 1-7, Block 8, and Lot 9, Block 7 and side yard fences adjacent to the 30’ wide ROW for the shared used path shall be limited to 4 feet in height. The Covenants, Codes, and Restrictions (CC&Rs) filed with the final plat shall include this language. In addition, the following language shall be placed into the Subdivision Improvements Agreement under Section II. Titled Property Conditions and Information for Lot Purchasers F. rear yard fences of Lots 1-7, Block 8, and Lot 9, Block 7 and side yard fences adjacent to the 30’ wide ROW for the shared used path shall be limited to 4 feet in height. The aforementioned fences may be constructed up to the maximum height allowable by zoning, if the fence is constructed of materials that are permitted by the zoning code and allows for transparency.
7. In order to protect public health and safety and adhere to Crime Prevention Through Environmental Design (CPTED) principles and per the City of Billings Subdivision Regulations Section 23-406 A. 3. The subdivider shall install plantings within the open space area and future easements (Condition 8) adjacent to the shared use path. The landscaping shall include at least 1 tree and 6 shrubs or ornamental grasses every 40’. The trees should be of a variety included in the City’s preferred tree planting list.

Note: Staff has further revised the staff recommended conditions of approval since the plat review meeting after further researching outcomes related easements and their impact on the concurrent zoning application and possible outcomes. These above referenced conditions are supported in the attached Findings of Fact.

PROCEDURAL HISTORY
Pre-Application Meeting: August 25, 2022
Preliminary Plat application submitted to Planning Division: March 1, 2023
Departmental Review Meeting: March 16, 2023
Preliminary Plat Resubmittal: March 23, 2023
Planning Board Plat Review: April 11, 2023
Planning Board Public Hearing: April 25, 2023
Preliminary Plat to City Council: May 22, 2023
60 Working-Day Preliminary Plat Review period ends: May 24, 2023

PLAT INFORMATION
General Location: North of Rimrock Road and East of 54th Street West
Legal Description: Certificate of Survey 1834, Parcel 2B Amended, AMD 30.608 ac (98)
Owner/Subdivider: Michael Christensen
Engineer/Surveyor: KLJ Engineering
Existing Zoning: N3 - Suburban Neighborhood Residential
Existing Land Use: Vacant land
Proposed Zoning: PND - Planned Neighborhood Development
Proposed Land Use: Residential
Gross & Net Area: Gross 30.61 Acres & Net 16.21 Acres
Lot Size: Parkland Requirements: 1.78 Acres required. 0.83 Acres is provided. Of that, 0.33 is provided toward the park land dedication and the remaining 1.45 acres is to be covered via cash-in-lieu contribution.
 

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on April 25, 2023.

At the Planning Board Plat Review meeting on April 11, staff gave a brief overview of the subdivision and was available for questions from the Board. President Cook called for questions and discussion from members of the Board. Board member John Staley requested clarification regarding the CPTED requirements as proposed in conditions 6-8. Planning and Community Services Director Wyeth Friday responded, explaining the City Council's initiative to incorporate CPTED principles into ongoing planning projects. Board member David Nordel raised additional concerns regarding the CPTED conditions and how they may seem counterproductive to the intended goals of the CPTED principles. Board member Roger Gravgaard asked for clarification on what lots were effected by the proposed fence height restrictions. Staff responded and further explained how CPTED applied to those lots. Board member Gravgaard suggested bringing additional city staff to explain CPTED and how it applies to the City of Billings, with Director Friday responding in the affirmative.

Board member Staley segued into a concern regarding the conditions of approval referring to the parks and the cash-in-lieu contribution. Staff responded by explaining the concerns of the Parks department as stated in their review of the plat and suggested a Parks Department representative appear at the public hearing if necessary. Director Friday explained further, detailing the possible uses of the cash in lieu contribution and how it relates to the nearby Cottonwood Park. Board member Woody Woods had questions regarding the possible maintenance of the private open space and who would actually perform it. Staff responded by affirming the condition that the private parkland will be privately maintained. Board member Woods also raised concerns regarding the proposed stormwater retention area and if it would be fenced. Travis Copper, the project engineer, responded to the question and stated they could look at fencing options but the stormwater area was intended to be very shallow with gradual slopes. Mr. Copper gave additional context regarding their proposed park and stormwater retention designs. Board member Woods asks staff to clarify the subdivision process and how the associated annexation and zone change are incorporated, with staff affirming the applicant is following all the procedures as necessary. The Applicant, Michael Christensen, rose to speak and provided his vision and mission statements for the project. Mr. Christensen went on give his rationale on the park distribution within the subdivision and how the proposed private parkland would reflect a more marketable subdivision with grass, benches and other improvements. 

There were no further questions or discussion on the plat.

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 May 24, 2023 State and City subdivision regulations also require that preliminary plat 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

The preliminary plat of this subdivision will have no financial impact on the 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 some impacts from this proposed subdivision.