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Item 1.K.
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| City Council Regular | |
| Date: | 05/28/2024 |
| Title: | Broso Valley Park Subdivision, 2nd Filing - Preliminary Minor Plat |
| Presented by: | Wyeth Friday |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00092 |
RECOMMENDATION
Staff proposes the City Council conditionally approve the preliminary plat of Broso Valley Park Subdivision, 2nd Filing and adopt the Findings of Fact as presented in the staff report.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On April 15, 2024, Performance Engineering applied for preliminary minor plat approval for Broso Valley Park Subdivision, 2nd Filing. The proposed subdivision creates 2 lots from an existing lot for commercial development. The subject property is generally located south of Majestic Lane and northeast of Zoo Drive. The property is zoned CX, Heavy Commercial.
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. 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.
2. 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
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. 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.
2. 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 22, 2024
- Preliminary plat application submitted to Planning Division on April 15, 2024
- Preliminary plat to City Council May 28, 2024
- 35 working-day preliminary plat review period ends June 4, 2024
PLAT INFORMATION
General location: South of Majestic Lane and northeast of Zoo Drive
Legal Description: Being Lot 8-A, Block 1 of Amended Lots 7, 8, 17, 18 and 19, Block 1 of Broso Valley Park Subdivision
Owner/Subdivider: Harts Basin Ranch Corp
Engineer and Surveyor: Performance Engineering
Existing Zoning: CX - Heavy Commercial
Existing land use: Vacant lot within Subdivision
Proposed land use: Commercial
Gross area: 7.03 acres
Proposed number of lots: 2
Lot size: Max: 4.166 acres
Min: 2.866 acres
Parkland requirements: Parkland dedication is not required as this is a minor subdivision. Section 23-1008 A. BMCC
General location: South of Majestic Lane and northeast of Zoo Drive
Owner/Subdivider: Harts Basin Ranch Corp
Engineer and Surveyor: Performance Engineering
Existing Zoning: CX - Heavy Commercial
Existing land use: Vacant lot within Subdivision
Proposed land use: Commercial
Gross area: 7.03 acres
Proposed number of lots: 2
Lot size: Max: 4.166 acres
Min: 2.866 acres
Parkland requirements: Parkland dedication is not required as this is a minor subdivision. Section 23-1008 A. BMCC
STAKEHOLDERS
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 at the time this report was prepared.
ALTERNATIVES
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 June 4, 2024. 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
Staff is recommending Conditional Approval and adoption of the Findings of Fact.
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
Staff is recommending Conditional Approval and adoption of the Findings of Fact.
FISCAL EFFECTS
This plat will have no fiscal impacts on the City/County Planning Division.
SUMMARY
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.