The Planning Board recommends to City Council that the preliminary plat of Annafeld Subdivision, 4th Filing be conditionally approved and the Council adopt the Findings of Fact as presented in the staff report.

On October 1, 2021, Sanderson Stewart for McCall Development, Inc., applied for preliminary major plat approval for Annafeld Subdivision, 4th Filing. The proposed subdivision creates 127 lots for residential development in the City of Billings. The subject property is generally located south of Elysian Road and west of Annafeld Subdivision, 3rd Filing. The property is zoned PD, and builders will follow the PD when developing the lots. The entire project area is not currently within the City Limits, however, a petition for annexation has been submitted and the City Council will consider the annexation at the same business meeting as this preliminary plat.

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 drawings and specifications for water systems, sewer systems and stormwater systems to the City of Billings Engineering Department for review and approval prior to installation.
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.

PROCEDURAL HISTORY

• Pre-application meeting August 26, 2021
• Preliminary plat application submitted to Planning Division on October 1, 2021
• Departmental review meeting October 14, 2021
• Preliminary plat resubmittal October 21, 2021
• Planning Board plat review November 9, 2021
• Planning Board public hearing November 23, 2021
• Preliminary plat to City Council December 20, 2021
• 60 working-day preliminary plat review period ends December 30, 2021

PLAT INFORMATION

General location:                                South of Elysian Road and west of Annafeld Subdivision 3rd Filing

Legal Description:                              Lot 2A, Block 1 of Adam & Mollie Walter Sub, 1st Filing & Lot 1, Block 17 & Lot 3, Block 10 of Annafeld Sub, 3rd Filing & Tract 2A of COS 3594

Owner/Subdivider:                             McCall Development, Inc.

Engineer and Surveyor:                      Sanderson Stewart

Existing Zoning:                                 PD

Existing land use:                                Farmland

Proposed land use:                              Residential

Gross and Net area:                             36.690 acres / 27.591 acres

Proposed number of lots:                    127

Lot size:                                               Max:    14.14 acres
                                                            Min.:    1,656 square feet

Parkland requirements:                       Parkland dedication requirement is 1.33 acres. The parkland will be private parks maintained by the subdivision.

At the November 23 Planning Board meeting the Board held a public hearing for the proposed subdivision. Planning staff gave a brief overview about the proposed subdivision. Planning Board President Woods asked if there were any question for the staff or the applicants' agent.  There were none. The public hearing was opened for comments and there were no comments from the public. The public hearing was closed and President Woods asked for a motion. A motion was made to recommend approval of the proposed subdivision with the Findings of Fact and the SIA, the motion was seconded. The motion passed with a unanimous 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 December 30, 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, there were found to be minimal impacts from this proposed subdivision.