On August 1, 2018, Craig Dalton, agent for Big Sky Endeavors, LLC, applied for preliminary Minor plat approval for O'Malley Farms Subdivision. The proposed subdivision creates three lots from one residential lot. The subject property is generally located on the southwest corner of the intersection of O'Malley Drive and Virginia Lane.  This parcel is zoned Residential 9600 and there is currently one single-family dwelling on the property. 

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 this 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 review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

Should the City Council approve the preliminary plat, the subject property may be developed for three lots with single-family development and may be further improved under private ownership, resulting in additional tax revenues for the City.

General location: Generally located on the southwest corner of the intersection of O'Malley Drive and Virginia Lane
Legal Description: SEC 31, T1N, R26E, FRAC 125 F X 330 FR OF NE CORNER SESE NE4  
Owner/Subdivider: Big Sky Endeavors, LLC
Engineer and Surveyor: Craig Dalton, Performance Engineering
Existing Zoning: R-96
Existing land use: Residential 
Proposed land use: Residential
Gross and Net area: 0.947/0.838
Proposed number of lots: 3

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.

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 City of Billings Growth Policy, the 2014 Transportation Plan Update, and the 2017 Billings Area Bikeway and Trail Master Plan Update 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.  The City's Engineering division recommended alternatives to the requested variances, conditions have been included to reflect those changes. Engineering is stating that instead of variances for the street dedication of 50 feet rather than 56 feet for Oak Street and to omit curb and gutter adjacent to the subdivision, the City will waive the requirement for completion of these improvements now so that sometime in the future they may be completed.