Staff recommends to the City Council that the Preliminary Plat of Emma Jean Heights Subdivision, 4th Filing, 1st Amended be conditionally approved and the Findings of Fact be adopted as presented in the staff report.
 

On July 1, 2022, Northern Engineering & Consulting, on behalf of Felton Associates, Inc., applied for preliminary subsequent minor plat approval for Emma Jean Heights Subdivision, 4th Filing, 1st Amended. The proposed subdivision creates 4 lots for development. The subject property is generally located North of Emma Avenue, South of Tania Circle, and West of Columbine Drive. The property is zoned N3 - Suburban Neighborhood Residential. The land is currently used as Vacant Land.

VARIANCES
No variances are requested.

PROPOSED CONDITIONS OF APPROVAL
1. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS to determine what type of delivery system is preferred and to locate and provide 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.


PROCEDURAL HISTORY
Pre-Application Meeting: April 14, 2022
Preliminary Plat application submitted to Planning Division: July 1, 2022
Preliminary Plat to City Council: August 8, 2022
35 Working-Day Preliminary Plat Review period ends: August 12, 2022

PLAT INFORMATION
General Location: North of Emma Avenue, South of Tania Circle, and West of Columbine Drive
Legal Description: Amending Lot 4, Block 11 of Emma Jean Heights Subdivision, 4th Filing and Lot 3, Block 11, Emma Jean Heights Subdivision, 3rd Filing
Owner/Subdivider: Felton Associates, Inc.
Engineer/Surveyor: Northern Engineering & Consulting
Existing Zoning: N3 - Suburban Neighborhood Residential
Existing Land Use: Vacant Land
Proposed Zoning: N3 - Suburban Neighborhood Residential
Proposed Land Use: Residential Lots
Gross & Net Area: 0.86 Acres / 0.86 Acres
Lot Size: Parkland Requirements: None
 

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council meeting.  At this time, 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 August 12, 2022. State and City subdivision regulations also require that preliminary plat 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:

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

One of the purposes of the City's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. Various City departments, private service/utility providers and the affected school district/s, 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.