On April 1, 2014, the Planning Division received an application for preliminary plat approval for Amended Lots 9 & 10, Winemiller Subdivision. The plat contains 4 lots on approximately 1.5 acres of land on the east side of Main Street, south of Wicks Lane in the Heights.  The property currently has the Lucky Diamond Casino, Pizza Hut, and a garage structure on it, and the proposal would keep those uses and create two additional lots behind where the land is vacant.  The owner is HOBS Partnership, and the representing agent is Sanderson Stewart.

In accordance with state law, the City Council has 35 working days to act upon this preliminary minor plat.  The 35 working day review period for the proposed plat ends on May 19, 2014.  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

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

General location:                                            1415 and 1423 Main Street (east side of Main Street, south of Wicks Lane).
 
Legal Description:                                           Lots 9 & 10, Winemiller Subdivision
 
Owner/Subdivider:                                          HOBS Partnership
 
Engineer and Surveyor:                                  Sanderson Stewart
 
Existing Zoning:                                              Highway Commercial
 
Existing land use:                                            Location of Pizza Hut and Lucky Diamond Casino
 
Proposed land use:                                         Same, with 2 new lots for development
 
Gross/net area:                                              1.47 acres / 1.47 acres
 
Proposed number of lots:                                4
 
Lot size:                                                          Max:    16,515 square feet
                                                                       Min.:    15,435 square feet
 
Parkland requirements:                                  Parkland is not required as this is a commercial 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 Heights Neighborhood Plan, the Transportation Plan 2009 Update, the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.