On March 1, 2013, owner, Falcon Ridge, II, Inc., applied for preliminary major plat approval for Falcon Ridge Estates Subdivision, 2nd Filing. The proposed subdivision creates 65 new lots for residential development. The subject property is generally located on the north side of Rimrock Road, west of Molt Road and the existing Falcon Ridge Estates Subdivision. The property is zoned Residential-9600 (R-96), Residential-7000 (R-70), and Residential Multi-Family (RMF). The Yellowstone County Board of Planning conducted a public hearing for the proposal on April 23, 2013. City Council is being asked to take action on this preliminary plat application at this meeting.

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 May 20, 2013. 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

If the City Council approves the preliminary plat, the subject property may further develop under private ownership, resulting in additional tax revenues.

A public hearing was conducted by the Yellowstone County Board of Planning on April 23, 2013. Property owners adjacent to the subject property were notified of the hearing by certified mail and a legal notice was published in the Billings Times. The Board received no public comments at its hearing. However, prior to the meeting staff fielded questions from two different adjacent property owners, as to the possibility of multi-family residences being built. It was explained that the zoning on the southern portions of the property, which was established in 2006, would allow for multi-family development if the lot area and setback requirements were met. Further, at the public hearing, the developer indicated it was not the intent to allow rental housing to be constructed but possibly townhouses, depending on the market.

Consistency with the Growth Policy, the Transportation Plan 2009 Update, and Billings Area Bikeways and Trail Master Plan are discussed within the Findings of Fact.