The Planning Board is forwarding a recommendation to the City Council of conditional approval of the preliminary plat of Cherry Island Subdivision 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 protect public health and safety and to ensure proper storm drainage functioning, prior to final plat approval, the applicant will include language in the SIA under the heading V. Storm Drainage, outlining the HOA responsibility to maintain the system. The language will be coordinated with the City Public Works Department to ensure it is correct and meets requirements of the City.
2. 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.
3. 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.
4. 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 June 1, 2021, Sanderson Stewart, agent for Cherry Island, LLC, applied for preliminary major plat approval for Cherry Island Subdivision. The proposed subdivision creates 41 lots for residential development. The subject property is generally located between Cherry Creek Loop and east of Bitterroot Drive. The property for the proposed subdivision is going through the annexation process and a zone change. The property is proposed to be zoned Neighborhood Residential (N3), this zoning is for a single family home on each lot. The proposed lots will be developed in compliance with zoning through the building permit process. The zone change and petition for annexation are running concurrently with this application.

VARIANCE REQUESTED
The applicant is not requesting a variance from the subdivision regulations.

PROCEDURAL HISTORY

• Pre-application meeting March 3, 2021
• Preliminary plat application submitted to Planning Division on June 1, 2021
• Departmental review meeting June 17, 2021
• Preliminary plat resubmittal June 24, 2021
• Planning Board plat review July 13, 2021
• Planning Board public hearing July 27, 2021
• Preliminary plat to City Council August 23, 2021
• 60 working-day preliminary plat review period ends August 25, 2021

PLAT INFORMATION
Lot size:                                         Max: 8.1 acres
                                                      Min.: 7,470 square feet

Parkland requirements:                    Parkland dedication required for this subdivision is 0.78 acres, it will be met with a cash in lieu contribution.

Staff gave a brief presentation to the planning board at the public hearing about the proposed subdivision. President Woods called for questions and discussion. There were no questions for staff. Board Member Thompson asked the applicants' agent if they were going to save any of the existing trees on the site. Agent for the applicant Gary Owen, with Sanderson Stewart, stated he was not sure what would be retained. It will depend on the layout of the subdivision on what can be saved and what will need to be removed. There were no other comments or questions from the board.

President Woods opened the public hearing and asked if there is anyone wishing to speak in favor or against Cherry Island Subdivision. There was no one present wishing to speak for or against the subdivision and there were no calls received from the public via the public comment line. President Woods closed the public hearing. President Woods asked for a motion, and a motion was made and seconded to recommend conditional approval of the preliminary plat to the City Council and adopt the Findings of Fact as presented in the staff report. The motion carried with a unanimous voice vote.

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 August 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 subdivision will have no fiscal impact 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 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.