The Planning Board is forwarding a recommendation to the City Council to conditionally approve the preliminary plat of 44 West Subdivision, and adopt the Findings of Fact 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), CMU2 (Commercial Mixed Use 2) and NMU (Neighborhood Mixed Use).

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 for improvements 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, NX1, CMU2 and NMU

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

A traffic accessibility study has been completed for the 44 West Subdivision. All required intersection improvement contributions identified therein shall be completed by the Subdivider at the Subdivider’s expense. The percent of traffic contributions to the following intersections shall be in accordance with the traffic accessibility study:

a. S. 48th and Central – 0.27%
b. Shiloh and Broadwater – 0.56%
c. Shiloh and Central – 1.54%
d. Shiloh and Monad – 0.37%

The cash contributions shall be based on the percent of traffic contributions to the intersections is based on the total cost of an intersection determined by City Engineering for the year in which the contributions is made.  This subdivision will pay its proportional share of the cost of the improvements to intersections studied in the traffic impact study. These cash contributions for the intersection improvement will be made prior to final plat approval.

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.
 

Planning Board Public Hearing - May 28, 2025
Staff gave a presentation about the proposed 44 West Subdivision. In the presentation, staff went briefly over the TIS. This subdivision and the one to the west, Clearwater Estates Subdivision, were studied together to generate one TIS for both subdivisions. Staff provided comment from City Engineering that stated this filing does not require a turn lane, but the next filing will trigger the need for a turn lane on Central Avenue. At the end of the presentation, there were a minimum of comments and questions from the board. Mostly about the future connection to Bell Avenue. Staff indicated there is a vacant property between the proposed 44 West Subdivision and Bell Avenue. The vacant property would have to be developed to make the final connection to Bell Avenue. Another question was about connecting to the south in the future. This development has Farmstead Townhomes directly south of them, across the Monad Drain, and will not be connecting to Rocky Vista Way through the townhomes. There were no other questions for staff. The applicant's agent stood to address the board. He stated the proposed development to the east may provide a crossing over the Monad Drain to Rocky Vista Way, but it may only be a pedestrian crossing. There were no other questions for the applicant's agent. 

The public hearing was opened by the Planning Board President. No one stood to speak for or against the proposed subdivision. The public hearing was closed. 

The Planning Board President asked for a motion. A motion was made to forward a recommendation of conditional approval to the City Council. The motion was seconded. A vote was taken; 7 voted in favor of the motion with 1 opposing the motion. The motion carried.

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.