On August 15, 2013, the Planning Division received an application for preliminary plat approval for Amended Lot 2A, Block 1, Western Sky Subdivision. The subject property is located on the west side of South 44th Street West, south of King Avenue West. The subdivision would create 5 lots for residential development. The property is zoned Residential Multi-Family Restricted (RMF-R), Residential-7000 (R-70), and Public (P) and is proposed for multi-family buildings under condominium ownership, single and two-family residences, and parkland, both private and public. The subdivider is Cal Kunkel and the representing agent is Blueline Engineering.

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 October 4, 2013. State and City subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within the findings of fact attached to 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: West side of South 44th Street West, south of King Avenue West.

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

Owner/Subdivider: King Meadows, LLC/Cal Kunkel

Engineer and Surveyor: Blueline Engineering, LLC; North Star Land Services, PC

Existing Zoning: RMF-R, R-70, P

Existing land use: vacant agricultural land

Proposed land use: multi-family/apartment buildings with condominium ownership, single/two family residential, park

Gross/Net area: 32.59 acres

Proposed number of lots: 5

Parkland requirements: Parkland dedication requirements amount to 3.57 acres. The applicant proposes to meet this requirement by land dedication of private and public park.

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.