On December 1, 2017, EEC, agent for Timothy and Tracey Eastwood, applied for preliminary subsequent minor plat approval for Amended Lot 2, Block 4, Claimstake Subdivision. The proposed subdivision creates 2 lots from one lot. The subject property is generally located at 2449 Overland Avenue, west of South 24th Street West and between Enterprise Avenue and Overland Avenue. The property is zoned Controlled Industrial (CI).  It is currently vacant land between existing businesses. The lots will be created for new commercial construction.  
 

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 this proposed plat ends on January 24, 2018. 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 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 develop under private ownership, resulting in additional tax revenues for the City. 
 

General location:                               Generally located at 2449 Overland Avenue, west of South 24th Street West, between Enterprise
                                                       Avenue and Overland Avenue 
Legal Description:                             Lot 2, Block 4, Claimstake Subdivision
Owner/Subdivider:                             Timothy and Tracey Eastwood
Engineer and Surveyor:                     EEC
Existing Zoning:                               CI
Existing land use:                            Vacant Land
Proposed land use:                          Commercial
Gross and Net area:                         1.54
Proposed number of lots:                  2
Lot size:                                         Max:    34,200 square feet
                                                      Min.:    32,800 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.

PROCEDURAL HISTORY

• A pre-application meeting was held on October 5, 2017 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on December 1, 2017
• Departmental review comments were returned on December 14, 2017.
• The City Council will consider the preliminary plat on January 8, 2018.
• The 35 working-day preliminary plat review period ends January 24, 2018.

BMCC does not require a public hearing for subsequent minor subdivisions, however the public may attend the City Council meeting to provide public comment. To date, the Planning Division has received no public comments or questions regarding the proposed subdivision. 
 

Consistency with the 2016 City of Billings Growth Policy, the 2014 Transportation Plan Update, and the 2017 Billings Area Bikeway and Trail Master Plan Update 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.