On August 1, 2018, Stahly Engineering & Associates, agent for Opportunity Bank of Montana, applied for Preliminary Subsequent Minor Plat approval for Sunnyside Subdivision, 1st  Filing, Amended Lot 3, Block 5. The proposed subdivision creates 2 lots from one lot. The subject property is generally located on the northeast corner of the intersection of 10th Avenue North and North 27th St. The property is zoned Community Commercial (CC).   The hotel previously located on the property has been demolished in preparation for new construction of a restaurant and Opportunity Bank branch.

 

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 September 20, 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 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.
 

PROCEDURAL HISTORY

• A pre-application meeting was held on May 10, 2018 to discuss the proposal.
• The preliminary plat application was submitted to the Planning Division on August 1, 2018.
• The City Council will consider the preliminary plat on September 10, 2018.
• The 35 working-day preliminary plat review period ends September 20, 2018.

PLAT INFORMATION
 
General location:                                Generally located on the northeast corner of the intersection of North 27^th Street and 1^0th Ave. North
 
Legal Description:                              Lot 3, block 5, Sunnyside Sub. 1st .  S 100’ of L 4, Blk 5, Sunnyside Sub, 1st, N 50’ of s 1/2 Lt 4, Blk 5 Sunnyside Sub 1st
 
Owner/Subdivider:                             Opportunity Bank
 
Engineer and Surveyor:                     Stahly Engineering & Associates
 
Existing Zoning:                                CC
 
Existing land use:                              Vacant Land
 
Proposed land use:                            Commercial
 
Gross and Net area:                          0.964
 
Proposed number of lots:                   2
 
Lot size:                                          Max:    21,420 square feet
                                                      Min.:    20,580 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.

 

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. 
 

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