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| Planning Board | |
| Date: | 05/13/2025 |
| Title: | Clearwater Estates Subdivision, 2nd Filing - Preliminary major plat |
| Presented by: | David Green |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Staff recommends the Planning Board forward a recommendation to the City Council to conditionally approve the preliminary plat of Clearwater Estates 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 1, 2025, Performance Engineering applied for preliminary major plat approval for Clearwater Estates Subdivision, 2nd Filing. The proposed subdivision creates 69 lots for residential and commercial development. The subject property is generally located south of Central Avenue, and west of Twin Pines Townhomes. The property is zoned Corridor Mixed Use 1 (CMU1), Mid-Century Neighborhood Residential (N2), Mixed Residential 1 (NX1), Mixed Residential 2 (NX2).
Parkland dedication requirement for this subdivision is 1.67 acres. The applicant is proposing to provide 0.58 acres. The applicant is proposing to provide a cash in lieu contribution for the remaining 1.10 acres of parkland. Planning staff will have a further update on the park proposal at the Plat Review Meeting as the Parks Department provided comment in the review that it preferred a total of 1 acre of private parkland with a smaller cash-in-lieu contribution for the remaining 0.67 acres. There is a benefit of the location of the park land proposed in this subdivision and the adjacent 44 West subdivision being adjacent and therefore being combined for a larger park area. Also, Clearwater Estates plans for additional filings in the future to the south of this filing, so additional combining of park land for a larger space might also be possible. Per these discussions, Planning staff is following up further with Parks, but did not have the added information when this memo was due for the Board agenda.
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. To meet the requirements of subdivision regulations, prior to final plat approval, the applicant shall provide a break in block length of a minimum 30' wide for Lots 1-16, Block 5. Block design standards shall be in accordance with Table 23-405.1 Required Block Design.
2. To minimize the effects on local services, prior to final plat approval, the applicant shall provide a proportionate share contribution as indicated within the Traffic Impact Study and approved by City of Billings Engineering.
3.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 and businesses.
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, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
PROCEDURAL HISTORY
General location: South of Central Avenue, and west of Twin Pines Townhomes
Legal Description: Being Lots 1, 2, and 3 of Clearwater Estates Subdivision
Owner/Subdivider: Brown Development, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: CMU1, N2, NX1, NX2
Existing land use: Agricultural
Proposed land use: Residential / Commercial
Gross and Net area: 23.43 acres / 20.34 acres
Proposed number of lots: 69
Lot size: Max: 117,454 square feet / 2.69 acres
Min: 7,152 square feet
Parkland requirements: Parkland dedication requirement is 1.67 acres. The applicant is providing 0.58 acres. The applicant is proposing to provide a cash in lieu contribution for the remaining 1.10 acres of parkland.
Traffic Impact Study overview:
This traffic study was done for both 44 West Subdivision and Clearwater Estates Subdivision 2nd Filing. The traffic study was completed for when all filings of the subdivisions are built out.
The site is currently agricultural land. The subdivision’s proposed land use will be almost exclusively residential, with 194 single-family detached homes and 262 attached ones. The latter will include duplexes, attached multi-story row houses (townhomes), and “cottage” units that would be smaller units not directly classifiable as apartments. One commercial lot sized to support a 25,000 square-foot building and will be situated at the northwest corner of the site, abutting Central Avenue and Double Haul Lane.
The two subdivisions will pay their proportional share of the costs for each intersection. The split in cost will be based on which subdivision produces the higher percentage of traffic.
The studied intersections are anticipated to operate similarly to existing conditions at the time this subdivision is fully built out.
Exhibit 17. Intersection Cost Participation by Phase
Phase 1 Phase 2
Intersection* AM PM Higher AM PM Higher Total
1. S. 48th at Central 0.9% 1.1% 1.1% 0.7% 1.2% 1.2% 2.3%
2. Shiloh at Broadwater 1.9% 2.3% 2.3% 1.9% 4.2% 4.2% 6.5%
3. Shiloh at Central 5.3% 6.3% 6.3% 4.1% 7.2% 7.2% 13.5%
5. Shiloh at Monad 1.2% 1.5% 1.5% 0.9% 1.8% 1.8% 3.3%
Total Participation: 11.2% 14.4% 25.6%
x $450,000 $50,400 $64,800 $115,200
Parks and Recreation – Residential subdivisions are required by City of Billings Subdivision Regulations to provide parkland for the residents of the subdivision. This subdivision is required to provide 1.7323 acres of parkland. They are proposing to provide 0.575 acres of land as shown on the proposed subdivision plat. The applicant is proposing to provide a cash-in-lieu contribution for the balance, 1.10 acres. There is a small private park in the subdivision to the east, 44 West Subdivision, that connects directly to the proposed parkland in this subdivision. The applicant has indicated there will be additional parkland dedicated with future filings to the south as this development continues to expand. Comments from the Parks Department is they would like to see more parkland for the subdivision.
Parkland dedication requirement for this subdivision is 1.67 acres. The applicant is proposing to provide 0.58 acres. The applicant is proposing to provide a cash in lieu contribution for the remaining 1.10 acres of parkland. Planning staff will have a further update on the park proposal at the Plat Review Meeting as the Parks Department provided comment in the review that it preferred a total of 1 acre of private parkland with a smaller cash-in-lieu contribution for the remaining 0.67 acres. There is a benefit of the location of the park land proposed in this subdivision and the adjacent 44 West subdivision being adjacent and therefore being combined for a larger park area. Also, Clearwater Estates plans for additional filings in the future to the south of this filing, so additional combining of park land for a larger space might also be possible. Per these discussions, Planning staff is following up further with Parks, but did not have the added information when this memo was due for the Board agenda.
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. To meet the requirements of subdivision regulations, prior to final plat approval, the applicant shall provide a break in block length of a minimum 30' wide for Lots 1-16, Block 5. Block design standards shall be in accordance with Table 23-405.1 Required Block Design.
2. To minimize the effects on local services, prior to final plat approval, the applicant shall provide a proportionate share contribution as indicated within the Traffic Impact Study and approved by City of Billings Engineering.
3.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 and businesses.
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, 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 27, 2025
- Preliminary plat application submitted to Planning Division on April 1, 2025
- Departmental review meeting April 17, 2025
- Subdivision resubmittal April 24, 2025
- Planning Board plat review May 13, 2025
- Planning Board public hearing May 28, 2025
- Preliminary plat to City Council June 23, 2025
- 60 working-day preliminary plat review period ends June 26, 2025
General location: South of Central Avenue, and west of Twin Pines Townhomes
Owner/Subdivider: Brown Development, LLC
Engineer and Surveyor: Performance Engineering
Existing Zoning: CMU1, N2, NX1, NX2
Existing land use: Agricultural
Proposed land use: Residential / Commercial
Gross and Net area: 23.43 acres / 20.34 acres
Proposed number of lots: 69
Lot size: Max: 117,454 square feet / 2.69 acres
Min: 7,152 square feet
Parkland requirements: Parkland dedication requirement is 1.67 acres. The applicant is providing 0.58 acres. The applicant is proposing to provide a cash in lieu contribution for the remaining 1.10 acres of parkland.
Traffic Impact Study overview:
This traffic study was done for both 44 West Subdivision and Clearwater Estates Subdivision 2nd Filing. The traffic study was completed for when all filings of the subdivisions are built out.
The site is currently agricultural land. The subdivision’s proposed land use will be almost exclusively residential, with 194 single-family detached homes and 262 attached ones. The latter will include duplexes, attached multi-story row houses (townhomes), and “cottage” units that would be smaller units not directly classifiable as apartments. One commercial lot sized to support a 25,000 square-foot building and will be situated at the northwest corner of the site, abutting Central Avenue and Double Haul Lane.
The two subdivisions will pay their proportional share of the costs for each intersection. The split in cost will be based on which subdivision produces the higher percentage of traffic.
The studied intersections are anticipated to operate similarly to existing conditions at the time this subdivision is fully built out.
Exhibit 17. Intersection Cost Participation by Phase
Phase 1 Phase 2
Intersection* AM PM Higher AM PM Higher Total
1. S. 48th at Central 0.9% 1.1% 1.1% 0.7% 1.2% 1.2% 2.3%
2. Shiloh at Broadwater 1.9% 2.3% 2.3% 1.9% 4.2% 4.2% 6.5%
3. Shiloh at Central 5.3% 6.3% 6.3% 4.1% 7.2% 7.2% 13.5%
5. Shiloh at Monad 1.2% 1.5% 1.5% 0.9% 1.8% 1.8% 3.3%
Total Participation: 11.2% 14.4% 25.6%
x $450,000 $50,400 $64,800 $115,200
Parks and Recreation – Residential subdivisions are required by City of Billings Subdivision Regulations to provide parkland for the residents of the subdivision. This subdivision is required to provide 1.7323 acres of parkland. They are proposing to provide 0.575 acres of land as shown on the proposed subdivision plat. The applicant is proposing to provide a cash-in-lieu contribution for the balance, 1.10 acres. There is a small private park in the subdivision to the east, 44 West Subdivision, that connects directly to the proposed parkland in this subdivision. The applicant has indicated there will be additional parkland dedicated with future filings to the south as this development continues to expand. Comments from the Parks Department is they would like to see more parkland for the subdivision.
STAKEHOLDERS
There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on Wednesday, May 28, 2025.
ALTERNATIVES
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 on June 26, 2025. 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 60 working day review period, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat
FISCAL EFFECTS
This plat will have no fiscal impact on the City 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.