On October 15, 2013, the Planning Division received an application for preliminary plat approval for Shadow Lawn Estates Subdivision, Amended Lot 1-A, O. E. Lee Subdivision. The plat contains 5 lots on approximately 5.63 acres of land on the south side of Poly Drive, west of Virginia Lane.  The property is currently vacant.  The owner is Aaron Sparboe, and the representing agent is Sanderson Stewart. The City Council was scheduled to act on the preliminary plat at its November 18 meeting. However, the applicant requested a delay until the December 9 Council meeting to clarify some language in the draft Subdivision Improvements Agreement for the subdivision. The Council granted the delay and will reconsider the preliminary plat at this meeting. Since the November 18 meeting, staff and the developer's agents have agreed to some changes to language in the draft Subdivision Improvements Agreement regarding the future improvements to Poly Drive in front of the proposed subdivision (SIA, Pg. 3, Section III, A. 1).

In accordance with state law, the City Council has 35 working days to act upon this preliminary subsequent minor plat; the 35 working day review period for the proposed plat ends on December 4, 2013. However, the applicant requested a delay from the Council to act on this preliminary plat until December 9 and has agreed to an extension beyond the December 4 deadline.  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 or a longer period as agreed to by the developer and City, the City Council is required to:

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

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

General location:                                             South side of Poly Drive and west of Virginia Lane.
 
Legal Description:                                           Shadow Lawn Estates Subdivision, Amended Lot 1-A, O. E. Lee Subdivision
 
Owner/Subdivider:                                          Aaron Sparboe
 
Engineer and Surveyor:                                  Sanderson Stewart
 
Existing Zoning:                                              Residential 9600 (R-96)
 
Existing land use:                                            Vacant
 
Proposed land use:                                         Single-family dwellings
 
Gross/net area:                                               5.63acres/4.959
 
Proposed number of lots:                                5
 
Lot size:                                                          Max:    2.42 acres
                                                                        Min.:    .64 acres
 
Parkland requirements:                                   Parkland is not required as this is a minor subdivision.

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

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