The Planning Board recommends 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
The Board 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. 

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.  Brad McCall had no comments.  Gary Owen, from Sanderson Stewart had no comments.  Heidi Jensen, planning board member, voiced concern with the additional traffic on Mullowney Lane. Gary Owen stated a traffic impact study was conducted and intersections were identified that would be affected by the additional traffic.  A cash contribution will be made by the developer to be used to construct the intersection improvements as necessary.  Brad McCall said they have made contributions as the subdivisions were developed.  President Woods asked about alternate routes.  Brad McCall explained the additional turn lane on Mullowney Lane has helped to address the traffic and there is East Lane available and for those traveling west they can go down Elysian directly to the South Frontage Road.

There were no other comments from the board.  President Woods opened the public hearing.  There were no public comments.

President Woods asked for a motion, board member Thompson made a motion, the motion was seconded. The Planning Board recommend conditional approval of the preliminary plat of Annafeld North Subdivision, 1st Filing to the City Council, and adoption of the Findings of Fact as presented in the staff report. 

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 Plat

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