On September 15, 2014, the Planning Division received an application for preliminary plat approval for Amended Lot 9A, Block 9, Circle Fifty Subdivision. The plat contains 2 lots on approximately 19,200 square feet of land generally located on the north side of Avenue C, just west of 38th Street West.  The property currently has one duplex residence under construction on what will become Lot 9A-1. The proposal splits the lot in half, and a second duplex is proposed.  Access to the new lots would be from Avenue C.  The owner is Tvetene Kenmark, LLC., Mark Allen, managing partner, and the representing surveyor is Meridian Surveying.

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 the proposed plat ends on November 3, 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 subdivide land if the subdivider provides evidence that any identified adverse effects can be mitigated.  Within the 35-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.

General location:                                             North side of Avenue C, just west of 38th St. West
 
Legal Description:                                           Lot 9-A, Block 9, Circle Fifty Subdivision
 
Owner/Subdivider:                                          Tvetene Kenmark, LLC; Mark Allen, Managing Partner
 
Engineer and Surveyor:                                  Meridian Surveying
 
Existing Zoning:                                              Residential-7000
 
Existing land use:                                            one duplex
 
Proposed land use:                                         two duplexes
 
Gross/net area:                                               19,213 square feet
 
Proposed number of lots:                                2
 
Lot sizes:                                                         9,609 square feet each
 
Parkland requirements:                                   Parkland is not required as this subdivision is only creating one additional lot.

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 public comments or questions regarding the proposed subdivision.

Consistency with the Growth Policy, the 2014 Transportation Plan, and the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.