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Item 1.K.
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| City Council Regular | |
| Date: | 04/12/2021 |
| Title: | Legacy Subdivision Amended Lot 5, Block 1 -- Preliminary Minor Plat |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | No |
RECOMMENDATION
Staff recommends the City Council conditionally approve the preliminary plat of Amended Lot 5, Block 1, Legacy Subdivision, to the City Council, and adopt the Findings of Fact as presented in the staff report.
PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.
1. Access to the lots will be provided from 52nd Street West, subject to approval by the City Engineering Division.
2. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
3. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
PROPOSED CONDITIONS OF APPROVAL
Pursuant to Section 76-3-608(4), MCA, the following conditions are recommended to reasonably minimize potential adverse impacts identified within the Findings of Fact.
1. Access to the lots will be provided from 52nd Street West, subject to approval by the City Engineering Division.
2. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
3. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On March 1, 2021, WWC Engineering applied for preliminary minor plat approval for Amended Lot 5, Block 1, Legacy Subdivision. The proposed subdivision creates 2 lots for development. The subject property is generally located on the northwest corner of the intersection of Dovetail Avenue and 52nd Street West. The property is zoned Suburban Neighborhood Residential (N3). The land is currently a single large lot within Legacy Subdivision.
Consistency with the 2016 Growth Policy, the 2018 Transportation Plan and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact which is attached to this report.
VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.
PROCEDURAL HISTORY
PLAT INFORMATION
General location: Northwest corner of the intersection of Dovetail Avenue and 52nd Street West
Legal Description: Lot 5, Block 1, Legacy Subdivision
Owner/Subdivider: Legacy LLC
Engineer and Surveyor: WWC Engineering
Existing Zoning: N3
Existing land use: Vacant subdivision lot
Proposed land use: Residential
Gross and Net area: 0.45 acres / 0.45 acres
Proposed number of lots: 2
Lot size: Max: 9,795 square feet
Min.: 9,744 square feet
Parkland requirements: No parkland is required as this is a minor plat
Consistency with the 2016 Growth Policy, the 2018 Transportation Plan and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact which is attached to this report.
VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.
PROCEDURAL HISTORY
- Pre-application meeting October 22, 2020
- Preliminary plat application submitted to Planning Division March 1, 2021.
- Preliminary plat to City Council April 12, 2021
- 35 working-day preliminary plat review period ends April 19, 2021
PLAT INFORMATION
General location: Northwest corner of the intersection of Dovetail Avenue and 52nd Street West
Owner/Subdivider: Legacy LLC
Engineer and Surveyor: WWC Engineering
Existing Zoning: N3
Existing land use: Vacant subdivision lot
Proposed land use: Residential
Gross and Net area: 0.45 acres / 0.45 acres
Proposed number of lots: 2
Lot size: Max: 9,795 square feet
Min.: 9,744 square feet
Parkland requirements: No parkland is required as this is a minor plat
STAKEHOLDERS
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.
ALTERNATIVES
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, private service/utility providers and the affected school district has 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.
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 April 19, 2021. 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
Various City departments, private service/utility providers and the affected school district has 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.
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 April 19, 2021. 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
FISCAL EFFECTS
Approval of this subdivision does not impact the Planning Division budget.