Staff proposes the City Council conditionally approve the preliminary plat of Zimmerman Home Place Subdivision, 5th Filing and adopt the Findings of Fact as presented in the staff report.

On August 15, 2024, Performance Engineering applied for preliminary minor plat approval for Zimmerman Home Place Subdivision, 5th Filing. The proposed subdivision creates 3 lots from existing lots for development. The subject property is generally located west of Zimmerman Trail, south of Colton Blvd and east of Green Valley Drive. Proposed Lot 1 is zoned Mixed Residential 3 (NX-3) – 5 or more units. Proposed Lots 2 and 3 are zoned Neighborhood Office (NO). Zimmerman Home Place Subdivision 1st Filing received final plat on April 17, 2017.

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 Subdivision Improvements Agreement (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 July 11, 2024
• Preliminary plat application submitted to Planning Division on August 15, 2024
• Preliminary plat to City Council September 23, 2024
• 35 working-day preliminary plat review period ends October 4, 2024

A public hearing is not scheduled for the City Council meeting; however, nearby property owners may attend the City Council meeting.  The Planning Division received no public comments or questions regarding the proposed subdivision at the time this report was prepared.

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 October 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

This plat will have no fiscal impact 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.