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Item 1.B.
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| City Council Regular | |
| Date: | 06/10/2024 |
| Title: | Amendment to Whisper Ridge Subdivision SIA |
| Presented by: | David Green |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | No |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends the City Council approve the proposed Amendment to Whisper Ridge Subdivision SIA.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On May 3, 2024, Planning received a request to amend the storm water section of the SIA for Whisper Ridge Subdivision. The agreement in the original SIA regarding the storm water pond, states the maintenance is to be done by The City of Billings. With the proposed amendment to the SIA, the Whisper Ridge Subdivision, Phase II, homeowners association (HOA) will be responsible for the maintenance of the storm water pond. The only change to the SIA is who maintains the storm water pond. The rest of the existing SIA stands as originally agreed with the existing Waiver. See Attachment, Proposed Amendments to SIA.
City of Billings Subdivision Regulations outline the procedure required to submit and process a proposed amendment to final documents. Below is the section and requirements for amending final documents.
Section 23-1103. Corrections or Vacations of Recorded Final Plats and Supporting Documents.
B. Corrections to a recorded Subdivision Improvements Agreement (SIA) or other supporting document of the final plat to which the City Council is party, may be submitted provided that they do not significantly alter the original approval. Requests to alter a recorded SIA or supporting document shall follow these procedures:
1. A written request to amend the recorded document shall be submitted to the Planning Department.
2. The request will be circulated for review by the agencies affected by the proposed amendment. The Planning Department will, in consultation with the affected agencies, submit a recommendation to the City Council.
3. A public hearing may be required based on the information received by the reviewing agencies. Notice of the public hearing shall be given in accordance with these regulations.
4. The City Council may approve the request if it does not significantly alter the original approval and does not conflict with the review criteria set forth in these regulations.
The City of Billings Engineering division and the applicant have agreed the HOA will maintain the storm water pond. A public hearing was not required for this amendment as it only changes who maintains the storm water pond. See Attachment, Requesting Amendments to the SIA.
City of Billings Subdivision Regulations outline the procedure required to submit and process a proposed amendment to final documents. Below is the section and requirements for amending final documents.
Section 23-1103. Corrections or Vacations of Recorded Final Plats and Supporting Documents.
B. Corrections to a recorded Subdivision Improvements Agreement (SIA) or other supporting document of the final plat to which the City Council is party, may be submitted provided that they do not significantly alter the original approval. Requests to alter a recorded SIA or supporting document shall follow these procedures:
1. A written request to amend the recorded document shall be submitted to the Planning Department.
2. The request will be circulated for review by the agencies affected by the proposed amendment. The Planning Department will, in consultation with the affected agencies, submit a recommendation to the City Council.
3. A public hearing may be required based on the information received by the reviewing agencies. Notice of the public hearing shall be given in accordance with these regulations.
4. The City Council may approve the request if it does not significantly alter the original approval and does not conflict with the review criteria set forth in these regulations.
The City of Billings Engineering division and the applicant have agreed the HOA will maintain the storm water pond. A public hearing was not required for this amendment as it only changes who maintains the storm water pond. See Attachment, Requesting Amendments to the SIA.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
Approval or denial of the proposed SIA change will not have an effect on the Planning Division budget.