Staff recommends that the Planning Board conduct a public hearing and recommend conditional approval of the preliminary plat of Annafeld North Subdivision, 1st Filing to the City Council, and adopt the Findings of Fact as presented in the staff report. 

PROPOSED CONDITIONS OF APPROVAL
Staff recommends the following conditions of approval:
 
1. To minimize impacts on storm water detention facilities and ensure proper maintenance of the proposed system, prior to final plat approval, the applicant will provide an HOA Storm Water Facility Maintenance Agreement for review by the City of Billings Engineering Division. This agreement shall outline the maintenance responsibilities of the storm water facilities.
 
2. 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.
 
3. 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.

On January 4, 2021, Sanderson Stewart, agent for McCall Development, Inc., applied for preliminary major plat approval for Annafeld North Subdivision, 1st Filing. The proposed subdivision creates 53 new lots for development. The subject property is generally located on the north side of Elysian Road and west of the Hogan Slough.  The property has been annexed into the city. The property is zoned Neighborhood Mixed Use (NMU) and the proposed lots will be developed in substantial compliance with this zoning. The Yellowstone County Board of Planning reviewed the plat at its meeting on February 9 and will conduct a public hearing at this meeting.

VARIANCES REQUESTED
No variance from City Subdivision Regulations has been requested.

PROCEDURAL HISTORY

• Pre-application meeting November 12, 2020
• Preliminary plat application submitted to the Planning Division on January 4, 2021.
• Departmental review meeting January 14, 2021
• Preliminary plat resubmittal January 21, 2021
• Planning Board plat review February 9, 2021
• Planning Board public hearing February 23, 2021
• Preliminary plat to City Council March 22, 2021
• 60 working-day preliminary plat review period ends March 31, 2021

PLAT INFORMATION
General location:                                North of Elysian Road and west of the Hogan Slough.
Legal Description:                              Lot 1, QFC Subdivision, 1st Filing
Owner/Subdivider:                             McCall Development, Inc.
Engineer and Surveyor:                      Sanderson Stewart
Existing Zoning:                                 Neighborhood Mixed Use (NMU) and Mixed Residential 2 (NX2) 
Existing land use:                               Sod Farm
Proposed land use:                              Residential
Gross and Net area:                            17.85 acres / 14.04 acres
Proposed number of lots:                   53
Lot size:                                              Max:   9.03 acres
                                                            Min.:   2,212 square feet
Parkland requirements:                      In accordance with 76-3-621(6)(a), MCA the overall development provides for land permanently set aside for park. These parks will be private and maintained by the HOA. The development meets or exceeds the 11% net land area dedication requirement.

A brief presentation was given to the planning board regarding the proposed subdivision. President Woods called for questions and discussion from the members of the Board. President Woods noted the existing Neighborhood Commercial zoning and the new Neighborhood Mixed Use through project recode.  Dave Green said this was previously in the county.  Brad McCall said during the development of Project Re:Code he spoke with Zoning Coordinator Nicole Cromwell and the two determined this property would be NMU and NX2 zoning.  The annexation was approved in December 2020.  Dave Green said he will coordinate with Zoning Coordinator Nicole Cromwell and bring the information back for the next Planning Board meeting.  President Wood stated he was glad to see the new code was being used to meet the needs of this subdivision. 
 

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  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.

In accordance with state law, the City Council has 60 working days to act upon this major preliminary plan. The 60 working day review period for the proposed subdivision ends on March 31, 2021. 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

This subdivision will have no fiscal effect on the Planning Division.