Staff proposes the Planning Board recommend to City Council that the preliminary plat of Copper Ridge Subdivision, 9th Filing be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On November 1, 2021, Sanderson Stewart, agent for WH Copper Ridge 54, LLC, applied for preliminary major plat approval for Copper Ridge Subdivision, 9th Filing. The proposed subdivision creates 48 new lots for residential development. The subject property is generally located on the north side of Rimrock Road, west of 70th Street West, and west of the existing Copper Ridge Subdivision. The property is zoned Suburban Neighborhood (N3).

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 provide for emergency vehicles being able to turn around on dead end streets created with this filing, prior to final plat approval, the applicant will provide easement documents for the temporary cul-de-sac at the northwest end of Street 1 (temporary name).
2. To ensure correct parkland development and to provide maintenance for the proposed public park with this filing of Copper Ridge Subdivision, prior to final plat approval, the applicant will add paragraphs 3 through 5 from the findings of fact, from the heading 2. Effect on Local Services, to the SIA. This will be added under the heading VII Parks/Open Space. They will also create a Parks Maintenance District (PMD), or expand an existing one, in coordination with City Parks Department. This PMD will be able to expand with all future filings of Copper Ridge Subdivision.
3. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS to determine what type of deliver system is preferred and to locate and provide the correct amount of space for safely delivering the mail to the residents.
4. 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.
5. 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 September 16, 2021
• Preliminary plat application submitted to Planning Division on November 1, 2021
• Departmental review meeting November 18, 2021
• Preliminary plat re-submittal November 23, 2021
• Planning Board plat review December 14, 2021
• Planning Board public hearing January 11, 2022
• Preliminary plat to City Council February 14, 2022
• 60 working-day preliminary plat review period ends February 1, 2021
• Applicant has requested an extension to 60 working days, it now ends on February 14, 2022

PLAT INFORMATION

General location:                                North of Rimrock Road west of 70th Street West 

Legal Description:                              Copper Ridge Subdivision, 9th Filing Being Lot 15A, Block 3 of Copper Ridge Sub, 8th Filing & Lot 15, Block 3 of Copper Ridge Sub, 7th Filing

Owner/Subdivider:                             WH Copper Ridge 54, LLC

Engineer and Surveyor:                      Sanderson Stewart

Existing Zoning:                                 N3

Existing land use:                                Vacant / Farmland

Proposed land use:                              Residential

Gross and Net area:                             42.762 acres; 39.997 acres

Proposed number of lots:                    48

Lot size:                                               Max:    25.964 acres
                                                            Min:     6,752 square feet

Parkland requirements:                       Parkland dedication requirements for this proposed plat is 1.156 acres.  The applicant is proposing to provide 4.809 acres of land for parks. The overage will be applied to future filings of Copper Ridge Subdivision.
 

There are no stakeholder responses at this time. On January 11, 2022, at a scheduled Planning Board public hearing, comment will be formally received from the public.

On December 14, 2021, the Planning Board held a plat review meeting to review plats scheduled for a future public hearing. Staff gave a brief presentation of the proposed plat, after the presentation Board President Woody Woods asked if there were any question for staff, there were none. President Woods then asked if there were any questions for the applicant or agent. A question was asked about what is shown on the plat as a drainage swale through the proposed parkland. Mr. Gary Owen, agent for the applicant, answered that it is an overflow swale from Shiny Penny Way to direct water to the detention ponds. 
There were no other questions from the board.

In accordance with state law, the Governing Body has 60 working days to act upon this major preliminary plat. The 60 working day review period for the proposed plat ends on February 14, 2022. Subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The Governing Body 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 Governing Body 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 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 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.