Staff recommends conditional approval of the preliminary plat of Amended Lot 6, Block 19, Lake Hills Subdivision, 38th Filing, to the City Council, and adoption of the Findings of Fact as presented in the staff report.

PROPOSED CONDITIONS OF APPROVAL
Planning staff recommends the following conditions of approval:
 
1. To minimize the effects on local service, prior to final plat approval, the applicant will coordinate with the USPS for locating and providing 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.

On January 4, 2021, Performance Engineering applied for preliminary minor plat approval for Amended Lot 6, Block 19, Lake Hills Subdivision, 38th Filing. The proposed subdivision creates 2 lots from the existing 1 lot for residential development. The subject property is generally located on the west side of Clubhouse Way where it intersects with Boca Raton Road.  The property zoning at the time of the writing of the staff report is Community Commercial (CC). The zoning under the newly adopted code is Neighborhood Mixed Use (NMU). The proposed lots will be developed in compliance with the zoning as the property is developed.

Consistency with the 2016 Growth Policy, the 2018 Transportation Plan, and Billings Area Bikeways and Trail Master Plan are discussed within the Finding of Fact which is attached to this report.

PROCEDURAL HISTORY

• Pre-application meeting November 1, 2020
• Preliminary plat application submitted to Planning Division on January 4, 2021
• Preliminary plat to City Council February 22, 2021
• 35 working-day preliminary plat review period ends February 23, 2021

PLAT INFORMATION
 
General location:                                West side of Clubhouse Way where it intersects with Boca Raton Road
 
Legal Description:                              Lake Hills Subdivision, 15th Filing Lot 6, Block 19
 
Owner/Subdivider:                             David Mutch, Al Blaine
 
Engineer and Surveyor:                      Performance Engineering
 
Existing Zoning:                                 CC / NMU
 
Existing land use:                               Vacant Land
 
Proposed land use:                              Residential
 
Gross and Net area:                            0.428 acres / 0.428 acres
 
Proposed number of lots:                   2
 
Lot size:                                              Max:   9,300 square feet
                                                            Min.:   9,300 square feet
 
Parkland requirements:                      Parkland dedication is not required with minor subdivisions.

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, private service/utility providers and the affected school district 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 subdivision.

STAKEHOLDERS
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.

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 February 23, 2021. 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

Approval of this subdivision does not impact the Planning Division budget.