On November 15, 2012, the Planning Division received an application for preliminary plat approval for Western Subdivision. The subject property is located at the southwest corner of King Avenue West and S. 44th Street West. The subdivision would create 4 lots out of Lot 1A, Block 1, Western Sky Subdivision, Amended Lots 1 & 2. The property is zoned Residential Multi-Family Restricted (RMF-R), and is proposed for multi-family buildings under condominium ownership. The subdivider is Cal Kunkel and the representing agents are Dowl-HKM and AT Architecture.

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 January 8, 2013. 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 day review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

Should the City Council approve the preliminary plat, the subject property may further develop under private ownership, resulting in additional tax revenues.

General location: Southeast corner of King Avenue West and South 44th Street West.

Legal Description: Lot 1A, Block 1, of Amended Plat of Lots 1 & 2, Western Sky Subdivision,

Owner/Subdivider: American Exchange Corp./Cal Kunkel

Engineer and Surveyor: Dowl HKM

Existing Zoning: RMF-R

Existing land use: vacant agricultural land

Proposed land use: multi-family/ apartment buildings with condominium ownership

Gross/Net area: 32.59 acres

Proposed number of lots: 4

Parkland requirements: Parkland dedication requirements amount to approximately 3 acres. The applicant proposes to meet this requirement by land dedication.

Variances: None requested

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.

Consistency with the Growth Policy, the West Billings Plan, the Transportation Plan 2009 Update, and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.