Staff recommends the City Council conditionally approve the preliminary plat of Michelotti Subdivision, and adopt the Findings of Fact as presented in the staff report.

On October 3, 2022, Performance Engineering, applied for preliminary minor plat approval for Michelotti Subdivision. The proposed subdivision creates 2 lots for residential development. The subject property is generally located south of what will be Avenue D and east of Tiburon Lane. The property is zoned Mixed Residential 1 (NX1 – 1 to 4-unit buildings) and Mixed Residential 3 (NX3 – 5 or more-unit buildings). This property was annexed and re-zoned at the October 24th City Council meeting. As a condition of approval for the annexation, a preliminarily approved SIA must be mutually agreed upon within 45 working days. Conditional approval of this preliminary plat and SIA would fulfill the condition, thus effectively annexing the property.

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, prior to final plat approval, the applicant will include language in the SIA under the heading III Transportation E, to require a TIS with future development that will generate more than 500 trips per day. All intersection impact contributions identified within the traffic impact study must be made prior to the issuance of any building permits.

2. To protect public health and safety, prior to final plat approval, the applicant will at the time of construction of Avenue D, build the sidewalk along Lot 2 frontage. This language will also be included in the SIA under the heading III Transportation B. Sidewalks.

3. 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.

4. 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 July 14, 2022
• Preliminary plat application submitted to Planning Division on October 3, 2022
• Preliminary plat to City Council November 14, 2022
• 35 working-day preliminary plat review period ends November 22, 2022

PLAT INFORMATION

General location:                                South of what will be Avenue D and east of Tiburon Lane

Legal Description:                              Certificate of Survey 2974, Parcel 2B

Owner/Subdivider:                             Michelotti Sawyers & Nordquist Mortuary Inc.

Engineer and Surveyor:                      Performance Engineering

Existing Zoning:                                 NX1 and NX3

Existing land use:                                Farmland

Proposed land use:                              Residential

Gross and Net area:                             7.0 acres / 6.384 acres

Proposed number of lots:                    2

Lot size:                                               Max:    6.28 acres
                                                            Min:     4,335 square feet

Parkland requirements:                       Parkland dedication is not required as this is a minor subdivision. Section 23-1008 A. BMCC

No stakeholder comment has been provided at this time. The public may provide comment on this item during the public comment portion of the City Council meeting at which this item is considered.

In accordance with state law, the City Council has 35 working days to act upon this minor preliminary plat. The 35 working day review period for the proposed plat ends on November 22, 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 35 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.