On February 1, 2018, KLJ Engineering for Boyer Land, LLC, applied for preliminary major plat approval for Silver Creek Estates Subdivision, 2nd Filing. The proposed subdivision would create 68 lots from a single lot. The subject property is generally located on the east side of 50th Street West and south of Rimrock Road.  The property is zoned Residential 7000, (R-70), and Residential 6000 (R-60).  The land is farmland at this time. The Yellowstone County Board of Planning will review the plat at this meeting and conduct a public hearing on March 27, 2018.
 

Staff recommends that the Planning Board recommend conditional approval of the preliminary plat of Silver Creek Estates Subdivision, 2nd Filing to the City Council, and adopt the Findings of Fact as presented in the staff report. 

PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:
 
1. To minimize the effects on local services and ensure public safety, prior to final plat approval and prior to installation of any infrastructure the applicant will provide the City of Billings Engineering Division with installation and maintenance plans for the water, sewer and stormwater systems for review and approval.   
2. To provide for the installation of private utilities, prior to final plat approval the applicant will coordinate with private utility providers for any needed easements and show them on the final plat as requested by the private utility companies. 
3. To provide for proper addressing, prior to final plat approval the applicant will provide street names for the two streets running north and south between Silver Creek Trail and Blue Mountain Trail on the proposed plat. 
4. To ensure public health and safety and provide for the maintenance and continued use of the High Ditch by the City of Billings for drainage purposes, prior to final plat approval a ditch easement agreement between Boyer Land LLC and High Ditch Company (District) shall name the City of Billings as a third party.  The easement agreement shall:

• State the District grants the City first right of refusal to accept transfer of ownership of the District’s facilities and title, if applicable.
• Include language pertaining to the property owners within the subdivision to continue to meet the Subdivision Improvements Agreement pertaining to the ditch.
• Allow the City to utilize the easement for the public good and not restrict it to stormwater collection and discharge.
• Include easement boundaries as approved by the District.  The easement document must be either written or reviewed by an attorney familiar with property law and transfers.    

5. To ensure understanding of the use of the High Ditch easement, prior to final plat approval the applicant in the SIA under the heading VIII. Irrigation shall outline the requirements of the easement document for the High Ditch and how it is used and the City of Billings involvement with the ditch. 
6. To minimize impacts on local services, prior to final plat approval centralized mail delivery site(s) shall be coordinated and identified and a letter from USPS shall be provided for verification. 
7. 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. 
8. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
 

No variance has been requested.

• A pre-application meeting was held on October 26, 2017 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on February 1, 2018.
• A departmental review meeting was conducted on February 15, 2018.
• The preliminary plat was resubmitted with revisions based on department reviews on February 22, 2018.
• The Planning Board will review the plat on March 13, 2018.
• The Planning Board will conduct a public hearing on March 27, 2018, and forward a recommendation to the City Council.
• The City Council will consider the preliminary plat on April 23, 2018.
• The 60 working-day preliminary plat review period ends April 27, 2018.

General location:                                East side of 50th Street West and south of Rimrock Road
 
Legal Description:                              Lot 1, Block 3A, Silver Creek Estates, Amended
 
Subdivider/Owner:                             Boyer Land, LLC
 
Engineer and Surveyor:                      KLJ Engineering
 
Existing Zoning:                                 R-70 and R-60
 
Existing land use:                                Vacant Land
 
Proposed land use:                              Residential
 
Gross and Net area:                             27.4 acres / 23.0 acres
 
Proposed number of lots:                    68
 
Lot size:                                           Max:    110,000 square feet
                                                       Min.:    11,000 square feet
 
Parkland requirements:                      Parkland dedication was previously met.