On April 2, 2018, CTA, agent for Magnus Land Development, LLC, owner, applied for preliminary major plat approval for Amended Lots 7-17, Coal Creek Subdivision. The proposed subdivision creates 6 new lots for commercial 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 Community Commercial (CC). The Planning Board is forwarding a recommendation of conditional approval of the preliminary plat.

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, 2018. 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

VARIANCES REQUESTED

No variance has been requested.

PROCEDURAL HISTORY

• A pre-application meeting was held on March 1, 2018 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on April 2, 2018.
• A departmental review meeting was conducted on April 19, 2018.
• The preliminary plat was resubmitted with revisions based on department reviews on April 26, 2018.
• The Planning Board reviewed the plat on May 8, 2018.
• The Planning Board conducted a public hearing on May 22, 2018, and forwarded a recommendation to the City Council.
• The City Council will consider the preliminary plat on June 25, 2018.
• The 60 working-day preliminary plat review period ends June 26, 2018.

PLAT INFORMATION
General location: Northwest corner of the intersection of Rimrock Road and 62nd Street West

Legal Description: Lots 7-17, Coal Creek Subdivision

Owner/Subdivider: Magnus Land Development, LLC

Engineer and Surveyor: CTA

Existing Zoning: Community Commercial

Existing land use: Vacant

Proposed land use: Commercial development

Gross: 14.01 acres

Proposed number of lots: 6

Lot size: Max: 4.8 acres Min.: 0.85 acres

Parkland requirements: No pakland dedication is required for commercial subdivisions.

STAKEHOLDERS
Staff gave a brief presentation about the proposed subdivision to the Planning Board and there were no questions from the Board members.  Ron Isackson, from CTA, stood to speak about the proposed subdivision.  He reviewed where the water and sewer lines are for the subdivision and a few items from the Traffic Impact Study.  There were no questions from the board for Mr. Isackson and no one from the public wished to speak.  The public hearing was closed. 

Board President Darrel Tunnicliff asked for a motion and a motion was made to forward a recommendation of conditional approval to the City Council. The motion was seconded.  There was a unanimous vote on the motion.

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

The Planning Board recommends that the City Council grant conditional preliminary plat approval of Amended Lots 7-17, Coal Creek Subdivision and adopt the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL

1. To ensure the stormwater system is properly maintained, prior to final plat approval the applicant will add the following to the storm drain section of the SIA:

• 'The stormwater retention areas and associated improvements will be privately owned and maintained by the HOA. O&M requirements and HOA responsibilities shall be as outlined within the City of Billing Stormwater Management Manual (SWMM), appendices E and F. Retention areas shall be covered with a blanket easement, allowing access by the City. If the HOA fails to maintain the stormwater retention facilities, the City reserves the right to create a maintenance district in the subdivision to maintain the stormwater retention facilities.'

2. To bring the infrastructure section of the SIA into conformance with the subdivision regulations, prior to final plat approval the applicant will work with City Planning and Engineering to either write this section and include documentation to meet the requirements of phasing; or rewrite the portion of the SIA to define what improvements will be constructed initially and what remaining items will be bonded or have an irrevocable letter of credit to guarantee infrastructure installation at a later time.

3. To minimize the effects on local services and to have minimum road width requirements met, prior to final approval the applicant shall change the beginning of the sentence in the SIA under III Transportation A. Streets, at the last bullet point that states, 'The southern half of Signal Peak Avenue' to read, 'The southern half, a minimum of 30 foot asphalt width, of Signal Peak Avenue will be constructed from the western boundary of the subdivision east to 62nd Street West.'

4. To eliminate confusion and ensure the correct access is constructed as allowed, prior to final plat approval the applicant will change a sentence in the SIA under the heading E. Access, 62nd Street West sentence b., which says 'The Second full movement access', to read 'The second proposed access will be a 3/4 access and is approximately 650 ft north of the 62nd Street West and Rimrock Road intersection'. The applicant will also change the sentence directly under the heading '62nd Street West' that states 'Two full movements' to read 'One full movement and one 3/4 movement.'

5. To minimize the effects on local services and enable more useable roadways, prior to final plat approval the applicants' TIS shall be reviewed and approved by the City of Billings Engineering Division. The approval shall outline any additional requirements that developer will be responsible to construct. This review will also confirm or correct the contributions for street improvement from the developer listed in the SIA.

6. To minimize the effects on local services, prior to final plat approval the subdivider will provide a letter from the United States Postal Service acknowledging its agreement with the placement of mail delivery facilities in the subdivision.

7. To ensure the provision of easements for utilities, prior to final plat approval the subdivider shall provide utility easements on the final plat as requested by the private utility companies.

8. 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.

9. 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.