The Planning Board recommends conditional approval of the preliminary plat of Lake Hills Subdivision, 39th Filing to the City Council, and adoption of the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.

1. To minimize the effects on local service, prior to final plat approval, the applicant will coordinate with the USPS for locating and providing the correct amount of space for safely delivering the mail to the residents.

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 March 1, 2021, WWC Engineering, agent for Ron Hill and John Bruckner, applied for preliminary major plat approval for Lake Hills Subdivision, 39th Filing. The proposed subdivision creates 20 lots from the existing 16 lots for residential development. The subject property is generally located along both sides of Gleneagles Boulevard north of Black Diamond Road. The property is zoned Neighborhood 3 (N3). The proposed lots will be developed in compliance with the zoning as the property is developed.

PROCEDURAL HISTORY

• Pre-application meeting January 21, 2021
• Preliminary plat application submitted to Planning Division on March 1, 2021
• Departmental review meeting March 18, 2021
• Preliminary plat resubmittal March 25, 2021
• Planning Board plat review April 13, 2021
• Planning Board public hearing April 27, 2021
• Preliminary plat to City Council May 24, 2021
• 60 working-day preliminary plat review period ends May 25, 2021

PLAT INFORMATION

General location:	Located along both sides of Gleneagles Boulevard north of Black Diamond Road
Legal Description:	Portions of Lake Hills Subdivision, 16th and 17th Filings
Owner/Subdivider:	Ron Hill
Engineer and Surveyor:	WWC Engineering
Existing Zoning:	N3
Existing land use:	Vacant Subdivision
Proposed land use:	Residential
Gross and Net area:	4.87 acres / 4.87 acres
Proposed number of lots:	20
Lot size: Max:	14,800 square feet Min: 9,600 square feet
Parkland requirements:	Parkland dedication was met with previous filings

Staff gave a brief presentation at a public hearing to the Planning Board. President Woods called for questions and discussion. Board member Thompson, referencing concerns raised by area residents, asked if there are stormwater inlets at Glen Eagles Boulevard and Sierra Grand to address the problem with water during major storm events. Greg Reid, with WWC Engineering, stated there are no inlets at the location at this time, but they will be installed with the construction of the roads with this subdivision. Mr Reid also stated the city is aware of the flooding issues in the area and have up-sized the requirements for storm drainage pipes and have installed larger pipes in other parts of the neighborhood to address the issue.

Board member Thompson noted there is only one small park located on Burning Tree Drive and asked how the parkland was satisfied initially with Lake Hills Subdivision. Dave Green said he has researched this but hasn’t found this information. He said it may have been an agreement that the golf course may have been accepted as parkland. (Since the Planning Board Public Hearing on this plat, staff has confirmed the golf course does meet the parkland requirement - See Attachment 9 to this memo). Board member Thompson voiced concern as there are no parks within walking distance of these properties. Board member Stephenson commented that providing a park in the area may address some water retention issues as well. Staff stated the Parks Department does not encourage storm detention in a park since it brings up the issue of who is to maintain the storm detention area, it also limits the usable parkland area. Board member Thompson said in the past the stormwater detention and parkland were combined which limited recreational use and in some cases the entire parkland area was a detention pond with no usable parkland area. Board member Stephenson said it seems reasonable to combine them. Board member Thompson said they typically do not function well together. There was no further questions or discussion from the board.

President Woods opened the public hearing and asked if there is anyone wishing to speak in favor or against Lake Hills Subdivision, 39th Filing. There was none. President Woods closed the public hearing and called for a motion.

While no members of the public testified at the public hearing, several property owners in the area provided written comment on this subdivision. Attached to this staff report are the written comments received.

A motion was made and seconded to recommend conditional approval of the preliminary plat of Lake Hills Subdivision 39th Filing to the City Council and adopt the Findings of Fact as presented in the staff report. The motion carried with one board member voting against the motion.

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 May 25, 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 plat will have no fiscal impacts on the City/County Planning Division.

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider’s responsibility to mitigate. 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, impacts of storm water and traffic are identified in the SIA and how they will be handled by the developer in conjunction with City of Billings Engineering Department. Other impacts were found to be minimal from this proposed subdivision.