On November 1, 2018 Sanderson Stewart, agent for Propriedad, LLC, applied for Preliminary Subsequent Minor plat approval for 44 West Subdivision, Amended Lot 2A-1, Block 1, of Western Sky Subdivision. The proposed subdivision creates 5 lots. The subject property is generally located south of King Avenue West and west of South 44th Street West.  The property is currently zoned Residential Multi-Family Restricted (RMF-R) and Residential 7000 (R-70). The applicant has submitted a zone change request to change the property to Residential Manufactured Homes (RMH), RMF-R and Public. The Zoning Commission will hear the item December 4th and City Council will consider the recommendation on January 14, 2019.
 

In accordance with state law, the City Council has 35 working days to act upon this major preliminary plat. The 35 working day review period for the proposed plat ends on December 24, 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 35 working day review period, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

PROCEDURAL HISTORY

• A pre-application meeting was held on October 11, 2018 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on November 1, 2018.
• The City Council will consider the preliminary plat on December 10, 2018.
• The 35 working-day preliminary plat review period ends December 24, 2018.

 
BACKGROUND
 
General location:                               Generally located south of King Avenue West and west of South 44th Street West
Legal Description:                              Lot 2A-1, Block 1, Western Sky Subdivision
Owner/Subdivider:                              CK Land LLC/Propriedad, LLC
Engineer and Surveyor:                       Sanderson Stewart
Existing Zoning:                                 RMF-R and R-70
Existing land use:                              Vacant Land
Proposed land use:                            Residential
Gross and Net area:                           29.975 / 29.975
Proposed number of lots:                    5
Lot size:                                            Max:    7.7 acres
                                                         Min.:    3.87 acres
Parkland requirements:                       The applicant is proposing to make a cash in lieu contribution for parkland.

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

Staff recommends conditional approval of the preliminary plat of 44 West Subdivision to the City Council and adoption of the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:
 
1. To ensure the proper installation of public utilities, prior to final plat approval the subdivider shall provide a storm water report and proposed water and sewer installation documents to be reviewed and approved by City of Billings Engineering Division before installation begins.
2. To ensure for placement of private utilities in the subdivision, prior to final plat approval the applicant will coordinate utility easements on the final plat as requested by the private utility companies.
3. To ensure correct language in the SIA for streets, storm water and utilities, prior to final plat approval the applicant will address all comments from engineering from the attached document included with this staff report, titled Engineering Comments.
4. To ensure public safety and proper placement of USPS postal boxes, prior to final plat approval the applicant will coordinate placement of postal boxes with the USPS and provide a letter from them stating the proposed location is acceptable to the USPS.
5. To ensure correct information about floodplain/floodway prior to final plat approval, the applicant will verify the information in the SIA under Conditions That Run With The Land number 5 to staff to ensure there is a need for that condition to be included in the SIA.  If it is correct the applicant will show the floodplain/floodway on the final plat.
6. 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.
7. 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.