Staff recommends conditional approval of the preliminary plat of Amended Lot 9A, Block 12 Hilltop Subdivision, 2nd Filing to the City Council, and adopt the Findings of Fact as presented in the staff report.

On November 15, 2021, Sanderson Stewart, applied for preliminary subsequent minor plat approval for Amended Lot 9A, Block 12 Hilltop Subdivision, 2nd Filing. The proposed subdivision creates 2 lots for residential development. There is currently one house on the property, the second lot will provide a lot for an additional home. The subject property is generally located on the 600 Sapphire Avenue. The property is zoned Suburban Neighborhood (N3).

Consistency with the 2016 Growth Policy, the 2018 Transportation Plan and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact which is attached to this report.

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

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, prior to final plat approval, the applicant will submit all required drawings and specifications for the water system to the County Water District of Billings Heights for review and approval prior to construction. The applicant will submit all required drawings and specifications for the sanitary sewer and storm drainage system to City of Billings Engineering Division for review and approval prior to construction.
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.

PROCEDURAL HISTORY

• Pre-application meeting April 22, 2021
• Completeness and Sufficiency review submitted July 23, 2021
• Preliminary plat application submitted to Planning Division October 22, 2021. Delayed for additional information, application submittal moved to November 15, 2021.
• Preliminary plat to City Council December 20, 2021
• 35 working-day preliminary plat review period ends January 7, 2022

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  The Planning Division has received no public comments or questions regarding the proposed 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 has 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 35 working days to act upon this minor preliminary plat. The 35 working day review period for the proposed plat ends on January 7, 2022. 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

This plat will have no fiscal impacts on the City/County Planning Division.