Staff recommends to City Council that the preliminary plat of Harmony Meadows Subdivision, 3rd Filing be conditionally approved and the Council adopt the Findings of Fact as presented in the staff report.
 

On April 1, 2021, Performance Engineering, LLC, on behalf of Harmony Meadows, LLC, applied for preliminary minor plat approval for Harmony Meadows Subdivision, 3rd Filing. The proposed subdivision creates one lot for development by combining lots 1-8 of Harmony Meadows Subdivision, 2nd Filing. Anytime a lot aggregation impacts more than 5 lots, an amended plat is required. The subject property is generally located on Elysian Road between Interstate Avenue and Dodger Lane. The property is zoned N2 (Mid-Century Neighborhood) and NO (Neighborhood Office). The land is currently vacant.

VARIANCES
There are no variances associated with this application.

PROPOSED CONDITIONS OF APPROVAL
1. 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.
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 October 28, 2021
• Preliminary plat application submitted to Planning Division April 1, 2022
• Preliminary plat to City Council May 23, 2022
• 35 working-day preliminary plat review period ends May 19, 2022. The applicant provided an extension for 30 days.

 

• Minimum: 17.386 ac
• Maximum: 17.386 ac

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting and speak during public comment.  The Planning Division has received no public comments or questions regarding the proposed subdivision. 

In accordance with state law, the City Council has 35 working days to act upon this major preliminary plat. The 35 working day review period for the proposed plat ends on May 19, 2022. An extension to the review deadline was granted by the applicant extending the review time for an additional 30 days. 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

 

The preliminary plat of this subdivision will have no financial impact on the 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.