On June 1, 2011, owner, Aviara, Inc., applied for preliminary major plat approval for Whisper Ridge Subdivision. The proposed subdivision creates 25 new lots for single-family residential development and is generally located on the north side of Rimrock Road, between Clear View Drive and 54th St. West. The property is zoned Residential-9600 (R-96). The Yellowstone County Board of Planning conducted a public hearing on July 26, 2011. The representing agent is Sanderson Stewart.

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 August 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: North side of Rimrock Road between Clear View Drive and Yerger Drive

Legal Description: Tract 3-C-1 of Amended Tracts 3-C and 3-D, C/S 1834, Amended

Owner/Subdivider: Aviara, Inc.; Dennis Buscher, President

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: R-96

Existing land use: Vacant

Proposed land use: Single-family residential

Gross and Net area: 11.82 acres; 9.12 acres

Proposed number of lots: 25

Lot size: Max: 96,165 square feet
Min.: 10,312 square feet

Parkland requirements: Parkland dedication requirement of 0.80 acres is proposed to be met by a cash in lieu contribution

Variance requested: No variances have been requested.

A public hearing was conducted by the Yellowstone County Board of Planning on July 26, 2011. Three County-resident neighbors from the south side of Rimrock Road provided testimony. They expressed two concerns about the proposed subdivision: storm water management and traffic and safety issues on Rimrock Road. With regard to storm water, these neighbors were concerned that changes to the storm water flow resulting from the subdivision would impact their down-slope lots, both in terms of surface runoff and groundwater accumulation. The storm water management proposal was explained by the applicant’s Engineer, which includes collecting water in curb/gutter to street inlets and then piping it to two storm water detention ponds in the southwest corner of the proposed subdivision. The ponds will be designed to handle any stormwater increase projected due to the development, as well as the historic amounts of stormwater on the site and upslope of the site. Additionally, a small swale area will collect any stormwater from the lots along Rimrock Road that are downslope of the street inlets and piping in Audubon and Yerger Drive. It was also noted that ground water levels on this property were found to be between 25 and 30 feet below surface.

The neighbors’ concerns about Rimrock Road mainly stemmed from the fact that the road improvements made a few years back ended at Clear View Drive, and west of there to 54th St. West is a two-lane road without shoulders. They indicated that traffic volumes have increased and traffic speeds tend to increase as soon as travelers crest the high point at Clear View Drive and head down toward 54th St. West. They indicated the desire to have Rimrock Road improved to 54th St. West since added ingress and egress to Rimrock from this subdivision would increase safety concerns. It was explained that Rimrock Road is a State road, and was funded with Federal funds. It is uncertain when the funds to complete it will be available. Future completion of the road segment is identified in the Billings Urban Area 2009 Transportation Plan Update as a long range project with a high priority ranking. The road improvement could be added to the City's Captial Improvement Program (CIP) and the Billings Metropolitan Planning Organization Transportation Improvement Program (TIP) for future funding and construction during annual review of the CIP and when a TIP update is contemplated. The funding sources proposed for this road segment include Federal urban system funds and City and County has tax fund.  It also was explained during the public hearing discussion that the developer would be responsible for providing a cash contribution for improvements to Rimrock where it fronts the subdivision (to bring it up to a residential standard) and that money would be used to help fund the road project in the future.

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