Staff proposes the Planning Board recommend to City Council that the preliminary plat of Lake Hills Subdivision, 40th Filing be conditionally approved and the Findings of Fact adopted as presented in the staff report.
 

On March 1, 2023, WWC Engineering, on behalf of Ron S. Hill, applied for preliminary subsequent Major plat approval for Lake Hills Subdivision, 40th Filing. The Proposed subdivision creates 13 lots for development. The subject property is generally located South of Greenbriar Road and East of Clubhouse Way. The property is zoned N3 - Suburban Neighborhood Residential. 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. 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.
3. 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: January 26, 2023
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: South of Greenbriar Road and East of Clubhouse Way
Legal Description: LOT 3 AND LOT 4, BLOCK 52; LOT 13, LOT 14, LOT 15, LOT 17, AND LOT 18, BLOCK 54, OF LAKE HILLS SUBDIVISION, 21ST FILING, DOCUMENT NO. 612471, AND LOT 2A AND LOT 5A OF AMENDED PLAT OF LAKE HILLS SUBDIVISION, 21ST FILING FILED AS DOCUMENT NO. 3931042
Owner/Subdivider:  Ron S. Hill
Engineer/Surveyor: WWC Engineering
Existing Zoning: N3 - Suburban Neighborhood Residential
Existing Land Use: vacant land
Proposed Zoning: N3 - Suburban Neighborhood Residential
Proposed Land Use: Residential
Gross & Net Area: 4.654 Acres & 3.046 Acres
Lot Size: Parkland Requirements: N/A; Parkland Requirements filled by adjacent Golf Course as part of original filings of Lake Hills Subdivision.
 

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

At the Planning Board Plat Review meeting on April 11, staff gave a brief overview of the subdivision and was available for questions from the Board. President Cook called for questions and discussion from members of the Board. Board member John Staley asked about the lot sizes of surrounding lots in comparison to lots proposed within the subdivision. Staff explained most of the lots in the vicinity were already developed under the old zoning code, and were of a size and shape conforming to those standards. Board member Woods commented on this is a repeated practice of resizing lots within some of older subdivisions within the City since the adoption of the new zoning code. John Bruckner, the applicant's engineer, was also present to answer questions, there were no questions. 

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.