Staff recommends to the City Council that the Preliminary Plat of Eldorado Subdivision be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On March 16, 2022, WWC Engineering, on behalf of Harvey Markegard, applied for preliminary subsequent minor plat approval for Eldorado Subdivision. The Proposed subdivision creates two lots for development. The subject property is generally located North of Eldorado Drive between S 24th St W and Lexington Drive. The property is zoned CMU 2 (Corridor Mixed-Use 2). The land is currently used as commercial retail and associated parking.

VARIANCES
No variances are requested.

PROPOSED CONDITIONS OF APPROVAL
1. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS to determine what type of deliver system is preferred and to locate and provide the correct amount of space for safely delivering the mail to the residents.
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.
4. To ensure public health and safety, as part of final plat approval, the applicant shall establish a reciprocal access and parking easement through between Lots 2C-1 and 2C-2.

PROCEDURAL HISTORY
Pre-Application Meeting: February 17, 2022
Preliminary Plat application submitted to Planning Division: March 16, 2022
Preliminary Plat to City Council: June 27, 2022
35 Working-Day Preliminary Plat Review period ends: July 4, 2022

PLAT INFORMATION
General Location: North of Eldorado Drive, between S 24th St W and Lexington Drive
Legal Description: Central Heights Subdivision 6th Filing, Section 07, Township 01 South, Range 26 East, Block 19, Lot 2, Lot 2C Amended.
Owner/Subdivider: Harvey Markegard
Engineer/Surveyor: WWC Engineering
Existing Zoning: CMU 2 (Corridor Mixed-Use 2)
Existing Land Use: Commercial Retail
Proposed Land Use: Commercial
Gross & Net Area: 36,867 square feet / 36,867 square feet
Lot Size: Parkland Requirements: None

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  At this time, the Planning Division has received no public comments or questions regarding the 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 July 4, 2022. State and City subdivision regulations also require that preliminary plat 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

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

One of the purposes of the City's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. Various City departments, private service/utility providers and the affected school district/s, 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.