Staff proposes the Planning Board recommend to City Council that the preliminary plat of Fifty Four West Subdivision be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On March 1, 2023, KLJ Engineering, on behalf of Michael Christensen, applied for preliminary subsequent Major plat approval for Fifty Four West Subdivision. The Proposed subdivision creates 66 lots for residential development. The subject property is generally located North of Rimrock Road and East of 54th Street West. The property is currently zoned N3. Per the zoning code, the property will need to be rezoned to a Planned Neighborhood Development. Additionally, in order for this land to develop in the City, annexation is required. Both an annexation and zone change are being reviewed by staff and will be considered concurrently with this application. The land is currently vacant.

VARIANCES
No variances are requested.

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. To minimize the effect on local services, to be compliant with Planned Neighborhood Development zoning regulations, and because of the location in proximity to Cottonwood Park, the subdivider shall provide a combination of 2% (.33 acres) developed park and 9% (1.46 acres) cash-in-lieu. The dollar value shall be determined based on methods outlined in Section 23-1007 of the City of Billings Subdivision Regulations. The payment shall be made prior to final plat approval.
3. In order to protect public health and safety and provide for future park maintenance, all required parkland shall be privately owned and maintained. Prior to final plat approval, the subdivider shall submit for review and comment, documents outlining how the maintenance will occur.
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, 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: August 25, 2022
Preliminary Plat application submitted to Planning Division: March 1, 2023
Departmental Review Meeting: March 16, 2023
Preliminary Plat Resubmittal: March 23, 2023
Planning Board Plat Review: April 11, 2023
Planning Board Public Hearing: April 25, 2023
Preliminary Plat to City Council: May 22, 2023
60 Working-Day Preliminary Plat Review period ends: May 24, 2023

PLAT INFORMATION
General Location: North of Rimrock Road and East of 54th Street West
Legal Description: Certificate of Survey 1834, Parcel 2B Amended, AMD 30.608 ac (98)
Owner/Subdivider: Michael Christensen
Engineer/Surveyor: KLJ Engineering
Existing Zoning: N3 - Suburban Neighborhood Residential
Existing Land Use: Vacant land
Proposed Zoning: PND - Planned Neighborhood Development
Proposed Land Use: Residential
Gross & Net Area: Gross 30.61 Acres & Net 16.21 Acres
Lot Size: Parkland Requirements: 1.78 Acres required. 0.83 Acres provided. Remaining acres to be covered via cash-in-lieu contribution.

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on April 25, 2023

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 May 24, 2023 State and City subdivision regulations also require that preliminary plat 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

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.