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Item 1.I.

City Council Regular
Date:	05/22/2023
Title:	Elysian Subdivision - Preliminary Minor Plat
Presented by:	Monica Plecker
Department:	Planning & Community Services
Presentation:	No
Legal Review	Not Applicable

RECOMMENDATION

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

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

On April 14, 2023, IMEG for Cogburn Holdings, LLC, applied for preliminary minor plat approval of Elysian Subdivision. The proposed subdivision creates 5 lots for professional office / residential development. The subject property is generally located south of Elysian Road and west of East Lane. The property is zoned PD, with underlying zoning of Highway Commercial (HC) and Controlled Industrial (CI), builders will follow these zoning requirements in accordance with the PD when developing the lots.

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.

To protect public health and safety, prior to final plat approval, the applicant will submit all drawings and specifications for water systems, sewer systems and stormwater systems to the City of Billings Engineering Department for review and approval prior to installation.

To protect public health and safety and provide the area with roads that can handle increased traffic, prior to final plat, the applicant will include the percentage of proportional contribution to roads and intersections in the SIA under the heading III Transportation. Any road work that need to be done prior to final plat will be done as required by the TIS and reviewed and approved by City of Billings Engineering.

To protect public health and safety and as required by City of Billings Subdivision Regulations, prior to final plat approval, the applicant will provide road names on the final plat that have been approved by City Land Management. Section 23-406 Street and Roads A 15.

To protect public health and safety, prior to final plat approval, the subdivider shall provide and construct a minimum of 3 pedestrian connection to the Elysian School property. The SIA shall be updated to describe these connections, and they shall be depicted on the final plat.

To provide for mail delivery to the future landowners, businesses and or residents, prior to final plat approval, the applicant will coordinate with the USPS for locating a Central Box Unit (CBU) and providing enough space for safe delivery and retrieval of mail.

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.

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 December 18, 2022
Preliminary plat application submitted to Planning Division on April 14, 2023
Preliminary plat to City Council May 22, 2023
35 working-day preliminary plat review period ends June 5, 2023

PLAT INFORMATION

General location:                                South of Elysian Road and west of East Lane

Legal Description:                              Tract 2A, Certificate of Survey 3535

Owner/Subdivider:                             Cogburn Holdings, LLC

Engineer and Surveyor:                      IMEG

Existing Zoning:                                 PD with underlying zoning of HC and CI

Existing land use: Farmland

Proposed land use:                              Commercial

Gross area:                 49.364 acres

Proposed number of lots:                    5

Lot size:                                               Max: 12.3 acres
                                                            Min: 4.4 acres

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

STAKEHOLDERS

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 at the time this report was prepared.

ALTERNATIVES

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 June 5, 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

Staff is recommending Conditional Approval and adoption of the Findings of Fact.

FISCAL EFFECTS

This plat will have no fiscal impacts on the City/County Planning Division.

SUMMARY

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.

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