The Planning Board recommends the City Council conditionally approve the preliminary plat of Buffalo Crossing Subdivision and adopt the Findings of Fact as presented in the staff report.

On August 1, 2022, WWC Engineering, applied for preliminary major plat approval for Buffalo Crossing Subdivision. The proposed subdivision creates 80 lots for residential development. The subject property is generally located on the south side of Grand Avenue and west of Trails West Subdivision. The property is a Planned Neighborhood Development (PND) with zonings of, N3 - Suburban Neighborhood, P1 – Parks and Open Space, NX2 – Mixed Residential 2 (2 to 8 Units), and N2- Mid-Century Neighborhood (1 and 2 units).

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 correct turn around, prior to final plat approval, should the applicant determine to build the subdivision using phases, the applicant will provide a temporary cul-de-sac where phase one roads end. This information will be included in the SIA and shown on the plat.

2. 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.

3. To protect public health and safety and ensure correct platting of a phased subdivision, prior to final plat approval should the applicant determine they will pursue a phased development they will be required to submit the correct documents for a phased subdivision.

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 February 17, 2022
• Preliminary plat application submitted to Planning Division on August 1, 2022
• Departmental review meeting August 18, 2022
• Subdivision re-submittal August 25, 2022
• Planning Board plat review September 13, 2022
• Planning Board public hearing September 27, 2022
• Preliminary plat to City Council October 24, 2022
• 60 working-day preliminary plat review period ends October 24, 2022

Staff gave a presentation to the Planning Board and those present at the public hearing held September 27th. Planning Board President Cook asked the board if there were any question for staff, there were no questions for staff.

Greg Reid, WWC Engineering, agent for the applicant, stood to address the board. Mr. Reid stated they are still working with the developer to the east, Trails West Subdivision, 6th Filing, to get a road connection from Buffalo Crossing through Trails West, so there will be two ways in and out of Buffalo Trail. They have the basics of the connection worked out, but the easement documents have not been finalized. There were no questions from the board for Mr. Reid.

President Cook opened the public hearing. Mr. George Jurovich stood to speak about the proposed subdivision. Mr. Jurovich owns the 1 acre parcel surrounded by the subdivision, certificate of survey 2735 parcel 4-B, just above the proposed intersection of White Clay and Snake Butte roads in the proposed subdivision. There is a 20-foot easement for access to this parcel. The applicant is showing the area east of the easement as parkland along the Birely drain with a pedestrian trail within the parkland. Mr. Jurovich felt the trail would be too close to his future driveway and there could be conflict between the driveway and the pedestrian trail. 

There were no others there to address the board. The agent was asked to respond to Mr. Jurovich's concerns. Greg Reid described the proposal to have the northern portion of the trail south of where the easement for Mr. Jurovich has access to his parcel. There will be a 25-foot access easement for the Birely Drain company for maintaining the drain. Then a pedestrian trail and then it is 15 feet from the trail edge to the edge of Mr. Jurovich's driveway easement. There will be a 15-foot separation between the trail and the possible future driveway easement.

The public hearing was closed, and a motion was made to forward a recommendation of conditional approval of the proposed Buffalo Crossing Subdivision to City Council. The motion was seconded. The planning board was asked if there was any further discussion or comments. Board member Woods asked if the trail between Lots 10 and 11, Block 8 could be moved to be between Lots 11 and 12, Block 8? It was pointed out that the trail, as proposed, lines up with a future crossing of the Birely Drain and connection to a trail in Trails West from Blackberry Way. Board Member Woods stated he is always concerned about pedestrian safety and questioned if the angled trail coming out at the southeast corner of Mr. Jurovich's property and south of the end of his access easement would create any safety issues. PCSD Director Wyeth Friday clarified that the trail will be built within the easement and will connect with the trail corridor north/south along the Birely Drain and aling with the future crossing of the Drain to connect into Trails West Subdivision. There is plenty of room along the access easement for the Jurovich property to have a driveway that is safe from pedestrian/vehicle conflicts. There were no further discussion or other comments.

The Board voted unanimously to forward a recommendation of conditional approval to the City Council.

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 October 24, 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.