The Planning Board recommends the City Council conditionally approve the preliminary plat of Legacy Subdivision, 2nd Filing and adopt the Findings of Fact as presented in the staff report.

On April 1, 2022, WWC Engineering, applied for preliminary major plat approval for Amended Lot 1, Block 1, Legacy Subdivision, 2nd Filing. The proposed subdivision creates 26 lots for residential development. The subject property is generally located south of Grand Avenue and west of 52nd Street West, below Vintage Estates Subdivision. The property is zoned Neighborhood 3 (N3). Due to delays from a need for additional information, and coordination with City Engineering, the application submittal date moved to May 2, 2022.

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 a temporary turn around or other road connection is defined, prior to final plat approval the applicant will provide easement or appropriate agreement documents for a temporary turn around at the north end of 52nd Street West on the south side of the Big Ditch, or other means of continued connection as approve by City Fire and Engineering. This will also be defined in the SIA under the heading III Transportation.
2. To protect public health and safety and to ensure sidewalk continuity, prior to final plat approval the applicant will add paragraph language in the SIA under the heading III Transportation 3: The developer will install all required ADA ramps at the intersections within the proposed subdivision and in front of any lots with public infrastructure on them.
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, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY

• Pre-application meeting December 16, 2021
• Preliminary plat application submitted to Planning Division on April 1, 2022
• Departmental review meeting April 21, 2022
• Preliminary plat re-submittal April 28, 2022
• Preliminary plat application submitted to Planning Division April 1, 2022, delays from need for additional information, application submittal moved to May 2, 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, 2021

Staff provided an overview presentation of the proposed subdivision. Board President Cook called for questions and discussion.  There were none. 

Greg Reid, with WWC Engineering, the agent representing the developer, Doug Wild.  He clarified and said the original northeast lot was a large lot with three homes proposed on it. This new filing will create three lots from the original one lot with the same number of houses as before, three (3), all on their own lot.

President Cook opened the public hearing and asked if there is anyone wishing to speak in favor or against Legacy Subdivision, 2nd Filing.  There were none.  President Cook closed the public hearing and called for a motion.

A motion was made to forward a recommendation to City Council to conditionally approve the proposed Legacy Subdivision, 2nd Filing with the proposed conditions of approval and adopt the Finding of Fact as presented in the staff report. The motion was seconded. There was no further discussion on the motion.  The motion carried with a unanimous voice 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 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.