On April 3, 2017 Performance Engineering and Consulting, agent for BCJM Inc., applied for Preliminary Subsequent Minor Plat approval for Sunnyside Subdivision, 4^th Filing, Amended Lot 6, Block 21. The proposed subdivision creates 2 lots from one lot. The subject property is generally located on the northeast corner of the intersection of North 27^th Street and 12^th Avenue North.  The property is zoned Community Commercial (CC).  There is an existing restaurant and casino to the north of this property, residential to the east, and North 27^th Street to the west.  The two lots will be for new commercial construction.  

 

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 May 22, 2017. 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 working 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.
 

PROCEDURAL HISTORY

• A pre-application meeting was held on February 23, 2017 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on April 3, 2017
• The City Council will consider the preliminary plat on May 8, 2017.
• The 35 working-day preliminary plat review period ends May 22, 2017.

PLAT INFORMATION
 
General location:                                Generally located on the northeast corner of the intersection of North 27^th Street and 12^th Avenue
                                                         North
 
Legal Description:                              Sunnyside Subdivision, 4th Filing, Amended Lot 6, Block 21
 
Owner/Subdivider:                             BCJM Inc.
 
Engineer and Surveyor:                      Performance Engineering and Consulting
 
Existing Zoning:                                 CC
 
Existing land use:                                Vacant Land
 
Proposed land use:                              Commercial
 
Gross and Net area:                             0.96 acres
 
Proposed number of lots:                    2
 
Lot size:                                            Max:    23,726 square feet
                                                         Min.:    18,266 square feet
 
Parkland requirements:                       In accordance with 76-3-621(3)(c), MCA this subdivision is exempt from parkland dedication.
 
Variance requested:                            No variances have been 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 2016 Growth Policy, the Transportation Plan 2014 Update, and Billings Area Bikeways and Trail Master Plan are discussed within the Findings of Fact.
 

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  Various City departments have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be minimal impacts from this proposed subdivision.