On January 3, 2011 Twin Oaks Corporation, owner, applied for preliminary major plat approval for Twin Oaks Subdivision, 2nd Filing. The proposed subdivision re-plats five lots originally platted in the Twin Oaks Subdivision, into 55 lots. The subject property is located on the south side of Wicks Lane, west of Lake Elmo Road. The property is zoned Residential-5,000 (R-50) and Residential-6,000 (R-60). The proposal would create 53 lots for single-family residential uses, and two large lots for development in the future, likely as a 3rd Filing. The Yellowstone County Board of Planning conducted a public hearing and forwarded a recommendation to City Council on February 22, 2011. The City Council will review the preliminary plat and approve, conditionally approve, or deny the proposed subdivision at the March 14, 2011 meeting. The representing agent is Blueline Engineering.

State and City subdivision regulations 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.

Should the City Council approve the preliminary plat, the subject property may further develop, resulting in additional tax revenues for the City.

The proposed subdivision re-plats five lots originally platted in the Twin Oaks Subdivision into 55 lots. The subject property is located on the south side of Wicks Lane West of Twin Oaks Drive. The property is zoned R-50 and R-60. The proposal would create 53 lots for single-family residences, and two large lots for future development. The subject property is bordered on the northwest and west by the BBWA canal, on the south by single-family lots within Uinta Park Subdivision, and on the east by single-family lots within the First Filing of Twin Oaks Subdivision.

General location: South of Wicks Lane, west of Lake Elmo Drive in the Heights.

Legal Description: Lots 2, 17, 47, 55, Block 1, and Lot 9, Block 3, Twin Oaks Subdivision located in the NW ¼, Section 22, T1N, R26E

Owner/Subdivider: Twin Oaks Corporation; Gary Oakland, President; Landy Leep, Vice President

Engineer and Surveyor: Blueline Engineering, LLC; North Star Land Services, PC

Existing Zoning: R-50 and R-60

Existing land use: vacant

Proposed land use: single-family residential

Gross and Net area: 13.70 acres; 13.25 acres

Proposed number of lots: 55

Lot sizes: Max: 2.42 acres
Min.: 5,398 square feet

Parkland requirements: Parkland dedication was previously met with the first filing; a portion of the parkland previously dedicated is proposed to be vacated. See Findings of Fact for further detail.

At its February 22, 2011, meeting, the Planning Board held a public hearing to gather public input on the proposal. Certified letters were sent to adjacent property owners regarding the hearing and a legal notice also advertised the public hearing. There was no public testimony provided on the proposed subdivision.

Consistency with the 2008 Growth Policy, applicable area plans, the Transportation Plan and the Heritage Trail Plan is discussed within the Findings of Fact.