On March 3, 2014, the Planning Division received an application for preliminary plat approval for Sartorie Subdivision. The proposed subdivision creates 11 new lots for residential development on a 2.99 acre parcel. The subject property is generally located south of 1880 Hawthorne Lane on the northwest corner of Hawthorne Lane and Kyhl Lane.  The property is zoned Residential-7000 (R-70). The owners are Richard and Mae Sartorie and the representing agent is Blueline Engineering. The property was annexed by the City Council at its June 9 meeting so that the Council may act on this subdivision at this meeting.

In accordance with state law, the City Council has 60 working days to act upon this preliminary plat.  On April 2, 2014 the Planning Division received a request for a 30 day extension from the applicant to resolve some unforeseen issues. The extended review period for the proposed plat ends on June 27, 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.  Before the review period expires, 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:                                             Northwest corner of Kyhl Lane and Hawthorne Lane.
 
Legal Description:                                           Tract 2B-2 of Certificate of Survey 840
 
Owner/Subdivider:                                          Richard and Mae Sartorie
 
Engineer and Surveyor:                                  Blueline Engineering
 
Existing Zoning:                                              Residential 7000 (R-70)
 
Existing land use:                                            Farm land
 
Proposed land use:                                         Residential
 
Gross/net area:                                               2.99 acres / 2.01 acres
 
Proposed number of lots:                                11
 
Lot size:                                                          Max:    10,892.48 square feet
                                                                        Min.:   7,102.94 square feet
 
Parkland requirements:                                   Parkland is required is 0.257 acres and a cash payment in lieu of land is proposed.

This proposed subdivision had a public hearing at the May 28, 2014 Planning Board meeting.  At that meeting, some of the neighbors that live on Kyhl Lane to the south expressed concerns on several topics.  Most comments were regarding traffic on Kyhl Lane.  This portion of Kyhl Lane has never been paved and it is a dead end road.  With the proposed connection to Hawthorne Lane for this subdivision, the neighbors felt that people would begin to use Kyhl Lane to access Hawthorne Lane.  This particular neighborhood currently only has one way in or out on Brewington Drive to Wicks Lane.  With Kyhl Lane connecting to Hawthorne Lane, the neighbors were concerned that everyone on the north end of the neighborhood would start using Kyhl Lane to get out.  Also, Kyhl Lane is only required by the City Engineering Division to be paved from Sartorie Lane to Hawthorne Lane with this first phase of development, so a portion will still be unpaved to the west. The neighbors commented that when it rains, Kyhl Lane becomes very muddy and with more traffic it will only make it a bigger mess to deal with. There was discussion with the applicant's agent, the Planning Board, and the neighbors that they could consider completing all the paving of Kyhl Lane at the same time. This would involve contributions from the neighbors as well as the developer.

Another concern the neighbors brought up was the added burden on the existing sewer lines in the street and it's shallow depth.  The developer's engineer stated that the existing system was large enough to handle the additional homes and the shallowness can be dealt with by either not having in-ground basements or with pump systems if they choose to have full in-ground basements.

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 additional public comments or questions regarding the proposed subdivision since the public hearing.

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