Staff recommends the Planning Board recommend to City Council that the preliminary plat of 44 West Subdivision be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On April 1, 2025, Performance Engineering applied for preliminary minor plat approval for 44 West Subdivision. The proposed subdivision creates 62 lots for residential and commercial development. The proposed commercial area is 0.89 acres. The subject property is generally located south of Central Avenue, and west of Twin Pines Townhomes. The property is zoned NX2 – Mixed Residential 2 (2 to 8 units) and NX1 Mixed Residential 1 (1 to 4 units).

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 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.

2. To minimize the effects on local service, 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. 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.

4. 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 January 23, 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

PLAT INFORMATION

General location:                                South of Central Avenue, and west of Twin Pines Townhomes

Legal Description:                              Being Lots 4 and 5 of Clearwater Estates Subdivision

Owner/Subdivider:                             McCall Development, Inc.

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 NX2 and NX1

Existing land use:                                Agricultural

Proposed land use:                              Residential / Commercial

Gross and Net area:                             22.67 acres / 20.01 acres

Proposed number of lots:                    62

Lot size:                                               Max:    354,171 square feet / 8.13 acres
                                                            Min:     1,910 square feet

Parkland requirements:                       Parkland dedication requirement is 0.46 acres. The applicant is proposing to provide 0.50 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 is 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. 

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

PARKLAND OVERVIEW:
This subdivision is required to provide 0.46 acres of parkland. The applicant will be providing 0.50 acres of private parkland for this subdivision.  The parkland will be maintained by the Homeowner Association. The Parks Department responded that it approved of the parkland being proposed for this subdivision.
 

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on May 28th.

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

This plat will have no fiscal impacts on the City 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.