On April 1, 2011, subdivider, Ron Hill, applied for preliminary major plat approval for Lake Hills Subdivision, 33rd Filing. The proposed subdivision re-plats 10 lots originally platted in the Lake Hills Subdivision, 15th and 31st Filings, into 18 lots. The majority of the subject property is located near the intersection of Clubhouse Way and Cherry Hills Road, with the remaining parcels scattered around the Lake Hills Golf Course in the Heights. The property was recently re-zoned from Community Commercial (CC), Residential Multi-family (RMF), Residential-6000 (R-60), Residential-9600 (R-96), and Public (P) to only R-60 and R-96. The Yellowstone County Board of Planning conducted a public hearing on May 24, 2011. The owner is Ron Hill, Specialized Construction. The representing agent is Blueline Engineering, LLC.

In accordance with state law, the City Council has 60 working days to act upon this major preliminary plat; the 60 working day review period for the proposed plat ends on June 24, 2011. 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 60 day 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 further develop under private ownership, resulting in additional tax revenues.

General location: Near the intersection of Clubhouse Way and Cherry Hills Road, and several areas around the Lake Hills Golf Course.

Legal Description: Tract D, Certificate of Survey 793; and Lots 14 & 15, Block 46, and Lots 1, 2, 7, & 8, Block 19, and Lots 11 & 12, Block 16, of Lake Hills Subdivision, 15th Filing; and Lot 5, Lake Hills Subdivision, 31st Filing located in the Section 16, T1N, R26E.

Subdivider/Owner: Ron Hill, Specialized Construction, Inc.

Engineer and Surveyor: Blueline Engineering

Existing Zoning: CC, RMF, R-60, R-96, Public (zone change in process to R-96 and R-60; first reading approved by City Council on 4/25/11)
Existing land use: Platted vacant lots

Proposed land use: Residential

Gross and Net area: 120.4 acres

Proposed number of lots: 18

Lot size: Max: 86.7 acres (Golf Course)
Min.: 7,200 square feet

Parkland requirements: Parkland dedication was previously met.

A public hearing was conducted by the Yellowstone County Board of Planning on May 24, 2011. One neighboring property owner asked what the anticipated home sizes would be for the R-96 zoned lots, and also the R-60 lots. He was concerned that the new development might devalue the existing neighborhood. The developer responded by indicating the homes on all of the lots were anticipated to complement the existing neighboring homes. Homes on the R-96 lots would be a minimum of 1,450 square feet and up to 5,000 square feet. Homes on the R-60 lots were anticipated to be slightly smaller, but stylish bungalow-style homes with a minimum of 1,250 square feet. The developer also indicated that before this reconfiguration of the property, the previous zoning at the intersection of Cherry Hills and Clubhouse Way would have allowed a variety of Community Commercial uses that would have more likely affected the neighborhood feel, consistency and property values. That will not happen now that the property has been rezoned, according to the developer.

Consistency with the Growth Policy, the Transportation Plan 2009 Update, and Heritage Trail Plan are discussed within the Findings of Fact attached with this memo.