Staff proposes the Planning Board recommend to City Council that the preliminary plat of Wild Rose Subdivision, 1st Filing be conditionally approved and the Findings of Fact be adopted as presented in the staff report.

On May 2, 2022, In Site Engineering and Performance Engineering, agents for Regal Land Development, applied for preliminary major plat approval for Wild Rose Subdivision, 1st Filing. The proposed subdivision creates 64 new lots for residential development. The subject property is generally located south of Sweetgrass Creek Drive and west of 54th Street West. The property is a mix of zones and recently received approval of a planned neighborhood development, required for new properties greater than 10 acres annexing into the City limits. The property where this subdivision is located is zoned Neighborhood 1 (N1), Neighborhood 2 (N2), Neighborhood 3 (N3), Mixed Residential 1 (NX1) and Public 1 (P1).

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

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 ensure correct road construction, prior to final plat approval the applicant will receive approval for all street construction from City of Billings Engineering prior to street construction.
2. To protect public health and safety, prior to final plat approval the applicant will add the following language to the SIA under the heading III Transportation Streets: No obstructions may be placed in any public right of way such as subdivision entry signs, signs, planter beds or any other obstruction that would be a hazard to traffic in the public right-of-way.
3. To ensure correct additional road width construction on 54th Street West, prior to final plat approval, the applicant will add the following wording to the SIA under the heading III Transportation Streets: The subdivider will provide cash-in-lieu contribution for the construction of approximately 3 feet of asphalt surface with satisfactory sub-base, base course, standard curb and gutter along 54th Street West. The cash-in-lieu contribution will also include engineering design and construction administration.
4. To ensure public health and safety and to ensure safe pedestrian access to the south (Cottonwood Park) the developer shall construct a pedestrian crossing over the storm drainage area located along the southern property boundary. Further, the developer shall amend the SIA to include specific information regarding the construction of the crossing.
5. 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.
6. 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.
7. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting February 4, 2022
• Preliminary plat application submitted to Planning Division May 2, 2022
• Departmental review meeting May 19, 2022
• Preliminary plat re-submittal May 26, 2022
• Planning Board plat review June 14, 2022
• Planning Board public hearing June 28, 2022
• Preliminary plat to City Council July 25, 2022
• 60 working-day preliminary plat review period ends July 26, 2022

PLAT INFORMATION

General location:                                South of Sweetgrass Creek Drive and west of 54th Street West

Legal Description:                              R.L. Subdivision Lot 1

Owner/Subdivider:                             Regal Land Development, Inc.

Engineer and Surveyor:                      In Site Engineering and Performance Engineering

Existing Zoning:                                 PD

Existing land use:                                Vacant / Farmland

Proposed land use:                              Residential

Gross and Net area:                             53.452 acres; 47.84 acres

Proposed number of lots:                    76

Lot size:                                               Max:    36.71 acres
                                                            Min:     4,680 square feet

Parkland requirements:                       Parkland dedication requirements for this proposed plat is 1.224 acres.  The applicant is proposing to provide 0.782 acres of land for private parks. The remaining amount will be a cash in lieu contribution to the future Cottonwood Park.
 

PLANNING BOARD DISCUSSION
Staff provided an overview presentation of the subdivision. President Cook called for questions and discussion.  Monica Plecker clarified and explained the difference between a Planned Development and a Planned Neighborhood Development with the new zoning code. Large subdivisions are required to do a Planned Neighborhood Development to eliminate one zoning over many acres. This Planned Neighborhood Development includes several zones but this filing will be developed in accordance with the N2 zoning requirements.

Scott Worthington, Site Pro Engineering, agent for the applicant, clarified the private parkland which will be maintained by an HOA, and the cash-in-lieu for the balance or parkland dedication will be given towards the development of Cottonwood Park to the south. He noted there are 76 lots in this development rather than 64 as shown in the staff report.  They have maximized the use of City resources for this master planned area with annexation and zoning.  Monica Plecker asked about the pedestrian crossing requirement to access Cottonwood Park. Scott Worthington suggested using a culvert placed in the retention pond with a wide crossing surface in order to provide safe shoulders on the pathway.  His estimation for the pond depth is about 3-feet.  The pond is owned by Regal Land Development who will provide an easement for the benefit of the HOA of the subdivision. The HOA will be responsible for the maintenance of the pond. All storm detention will meet the requirements of City of Billings Engineering Division.

There were no other comments during the plat review. The public hearing will be held on June 28th.
 

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 July 26, 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 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.