On December 1, 2016, Performance Engineering and Consulting, agent for Magnus Land Development, LLC, owner, applied for preliminary major plat approval for Coal Creek Subdivision. The proposed subdivision creates 17 new lots for multi-family residential, commercial and residential professional development. The subject property is generally located on the northwest corner of the intersection of Rimrock Road and 62nd Street West. The property is zoned Residential Multi-Family (RMF), Community Commercial (CC) and Residential Professional (RP). On December 16, 2016 the applicants’ agent requested a 30-day delay to refine storm drainage details and phasing, moving consideration of the proposed subdivision to the City Council in March rather than in February. 

 

↵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, because of the requested 30 day delay, ends on March 30, 2017. 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 Plan

If the City Council approves the preliminary plat, the subject property may develop under private ownership, resulting in additional tax revenues.
 

PROCEDURAL HISTORY

• A pre-application meeting was held on October 27, 2016 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on December 1, 2016.
• A departmental review meeting was conducted on December 15, 2016.
• On December 16, 2016 the applicants’ agent requested a 30-day delay.
• The preliminary plat was resubmitted with revisions based on department reviews on January 26, 2017.
• The Planning Board reviewed the plat on February 14, 2017.
• The Planning Board conducted a public hearing on February 28, 2017, and forwarded a recommendation to the City Council.
• The City Council will consider the preliminary plat on March 27, 2017.
• The 60 working-day preliminary plat review period ends March 30, 2017.

  
PLAT INFORMATION
 
General location:                                Northwest corner of the intersection of Rimrock Road and 62^nd Street West
 
Legal Description:                              Parcel 6A COS 2465
 
Owner/Subdivider:                             Magnus Land Development, LLC
 
Engineer and Surveyor:                      Performance Engineering and Consulting
 
Existing Zoning:                                Residential Multi-Family Zoning on Lots 1-3; Community Commercial Zoning on Lots 7-17; and
                                                        Residential Professional  Zoning on Lots 4-6 (Also See Attached Plat for Zoning Designations)
 
Existing land use:                                Vacant / Former dryland farming
 
Proposed land use:                              Multi-family residential, commercial and residential professional development
 
Gross:                                                38.52 acres
 
Proposed number of lots:                     17
 
Lot size:                                              Max:    8.1 acres
                                                          Min.:    0.64 acres
 
Parkland requirements:                      The parkland dedication requirement for this proposed subdivision is 11% of the land proposed for
                                                       residential development, which is a minimum of 2.3 acres. The developer is proposing additional            
                                                       acreage above the minimum in the development.

Staff gave a brief presentation to the Planning Board at the public hearing regarding the proposed Coal Creek Subdivision.  Staff noted that the Planning Division had received a letter from a property owner south of the subject property raising concerns about storm water management and zoning, and a copy was given to Planning Board members before the meeting. The Planning Board President opened the floor to questions from the Planning Board.  A question was asked about how students would safely walk to school from this subdivision. Staff responded that the nearest school is a few miles away and School District #2 currently has bus routes in the area and this subdivision would be included in those bus routes.

The applicants agent stood to answer questions from the Board.  He was asked about the amount of proposed parkland and what play equipment would be installed in the parks.  The applicants agent responded that the proposed parkland dedication is twice the amount required by the subdivision regulations, some park land is planned to be within the proposed housing development, and that he did not know if the developer was proposing to install play equipment.
 
The public hearing was then opened. A neighbor stood to speak concerning how storm drainage in the area effects their property on the east side of the curve of Molt Road across from the subject property. They stated that their property flooded during major storm events. No one else from the public stood to speak.

The applicants agent stood to respond to the storm water issue.  He stated that although this proposed subdivision does not have an effect on the neighbors property, there is an awareness of the storm water flows in the area and the flooding problems that are out there.  He stated the City is proposing to build a storm water detention facility in the area to address storm water issues.

The public hearing was then closed. A motion to recommend conditional approval of the proposed plat to the City Council, and adopt the Findings of Fact, as presented with the staff report (See the Findings of Fact attached to this memo) was made. The motion was seconded. The motion carried with a unanimous voice vote.

Consistency with the 2016 City of Billings Growth Policy, the 2014 Billings Urban Area Long Range Transportation Plan and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.