On April 15, 2016, Eggart Engineering, agent for the Ann C. Bustell Revocable Living Trust, applied for preliminary Subsequent Minor plat approval for Superior Homes Subdivision, Amended Lot 5B-1, Block 3. The proposed subdivision creates 2 lots from one residential lot. The subject property is generally located at 406 Roxy Lane, east of Lake Elmo Drive.  The property is zoned Residential 6000 (R-60). This zoning allows a single family dwelling on a minimum of 6,000 square feet. It also allows for a duplex or two single family dwellings on 7,000 square square feet, both without a special review.  These two proposed lots are 9,409 and 9,365 square feet. This square footage would allow a triplex with a special review.  There is one existing duplex on the southern end of the parcel and the new lot to the north will be created for new residential construction.

In accordance with state law, the City Council has 35 working days to act upon this subsequent minor preliminary plat. The 35 working day review period for the proposed plat ends on June 6, 2016. 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.
 

General location:                                 Generally located at 406 Roxy Lane, east of  Lake Elmo Drive.
 
Legal Description:                               Superior Homes Subdivision, Lot 5B-1, Block 3
 
Owner/Subdivider:                             Ann C. Bustell Revocable Living Trust
 
Engineer and Surveyor:                      Eggart Engineering
 
Existing Zoning:                                 R-6000
 
Existing land use:                               Residential
 
Proposed land use:                            Residential
 
Gross and Net area:                           18,731 square feet
 
Proposed number of lots:                    2
 
Lot size:                                              Max:    9,409 square feet
                                                            Min.:    9,365 square feet
 
Parkland requirements:                       In accordance with 76-3-621(3)(c), MCA this minor 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 meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision.

Consistency with the 2008 Growth Policy, the 2014 Transportation Plan, Billings Area Bikeway and Trail Master Plan, and the Billings Heights Neighborhood Plan are discussed within the Findings of Fact.