The Planning Board recommends to City Council that the preliminary plat of High Sierra Subdivision, 21st Filing be conditionally approved and it adopt the Findings of Fact as presented in the staff report.

On November 1, 2021, Sanderson Stewart, agent for High Sierra II, Inc., applied for preliminary major plat approval for High Sierra Subdivision, 21st Filing. The proposed subdivision creates 49 lots for residential development. The subject property is generally located north of Annandale Road in Billings Heights. The property is zoned Suburban Neighborhood (N3). The proposed lots will follow the current zoning for lot frontage.

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 minimize the effects on local service, prior to final plat approval, the applicant will coordinate with the USPS for locating and providing 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, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting September 9, 2021
• Preliminary plat application submitted to Planning Division on November 1, 2021
• Departmental review meeting November 18, 2021
• Preliminary plat resubmittal November 23, 2021
• Planning Board plat review December 14, 2021
• Planning Board public hearing January 11, 2022
• Preliminary plat to City Council February 14, 2022
• 60 working-day preliminary plat review period ends February 1, 2022
• Applicant requested an extension to 60 working days, it now ends on February 14, 2022

PLAT INFORMATION
General location:                                North of Annandale Road

Legal Description:                              High Sierra Sub, 21st Filing Being Proposed Lot 15, Block 8 of High Sierra Sub, 17th Filing

Owner/Subdivider:                             High Sierra II, Inc.

Engineer and Surveyor:                      Sanderson Stewart

Existing Zoning:                                 N3

Existing land use:                                Vacant Lane

Proposed land use:                              Residential

Gross and Net area:                             64.278 acres / 61.706 acres

Proposed number of lots:                    49

Lot size:                                               Max:    51.003 acres
                                                            Min.:    7,184 square feet

Parkland requirements:                       Parkland dedication requirement is 1.156 acres. This requirement will be met with a cash in lieu contribution.

On January 11, 2022, the Planning Board held a public hearing for the proposed plat of High Sierra Subdivision, 21st Filing. Staff gave a brief presentation of the proposed plat, after the presentation Board President Dennis Cook asked if there were any questions for staff or the agent. There were none. President Cook opened the public hearing for anyone wishing to comment on the proposed subdivision. Gary Oakland thanked the Board for their review and let them know he was available for questions. After no further comment, the public hearing was closed. President Cook asked if there was a motion on the proposed subdivision. A motion was made to recommend to the City Council that the preliminary plat of High Sierra Subdivision, 21st Filing, be conditionally approved and adopt the Findings of Fact as presented in the staff report. The motion was approved.

In accordance with state law, the Governing Body has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on February 14, 2022, with the developer's extension. Subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The Governing Body 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 Governing Body 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 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.