Staff recommends to City Council that the preliminary plat of Price Subdivision, Amended Lots 1 and 5, Block 1, be conditionally approved and the Council adopt the Findings of Fact as presented in the staff report.

On April 3, 2023, Sanderson Stewart submitted for preliminary subsequent minor plat approval for Price Subdivision, Amended Lots 1 and 5, Block 1. The proposed subdivision creates 4 lots from 2 existing lots. Lots 1 and 5 have existing residential development on them. The two new lots take acreage from lots 1 and 5 and are proposed to have a 'No Build' provision on them that does not allow construction on them that requires water and sewer infrastructure. This is necessary to meet the original platting of Price Subdivision that was provisioned on a maximum of five lots for single family occupancy and any outbuildings that may be associated with those residences. The creation of these lots per the owner continues to comply with that provision in that the new lots will not be developed for additional single-family residences over and above the original five as contemplated. This does not preclude the owners or developers of pursuing changes to this provision should they desire to pursue such in the future. Those provision and any changes thereto require review, recommendation, and approval by the City of Billings.  The subject property is generally located east of Ironwood Subdivision. The property is zoned N3, Suburban Neighborhood.

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 inform future owners of the reason for the ‘No Build’ lots being created with this subdivision, prior to final plat, the applicant will copy the language in the SIA under the heading XI Not Build Provision to the SIA under the heading II Property Conditions and Information for lot Purchasers. This will alert the future owners of the no build restriction on lots 1A and 5A.
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, 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 23, 2023
• Preliminary plat application submitted to Planning Division on April 3, 2023
• Preliminary plat to City Council May 22, 2023
• 35 working-day preliminary plat review period ends May 22, 2023

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision.

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 May 22, 2023. 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.