On July 1, 2013, subdivider, Felton Associates, Inc., applied for preliminary major plat approval for Emma Jean Heights Subdivision, 2^nd Filing. The proposed subdivision creates 37 lots for single-family residences and one large remainder lot on a 44.19-acre parcel of land. This proposal is the second filing of a master planned subdivision that was originally reviewed in 2007. The subject property is generally located on the west side of Bitterroot Drive, south of Wicks Lane in northeast Billings Heights.  The property is zoned Residential-7,000 (R-70). The Yellowstone County Board of Planning reviewed the plat and conducted a public hearing at its August 27, 2013 meeting.  Interstate Engineering is the representing agent.

In accordance with state law, the City Council has 60 working days to act upon this preliminary major plat; the 60 working day review period for the proposed plat ends on September 25, 2013. State and City subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within the Findings of Fact attached to 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:                                            West of Bitterroot Drive, south of Wicks Lane, in the Heights
 
Legal Description:                                          Tract 1A, C/S 999 
 
Subdivider/Owner:                                         Felton Associates, Inc.; Charles Felton, Pres.           
 
Engineer and Surveyor:                                 Interstate Engineering
 
Existing Zoning:                                              R-70
 
Existing land use:                                           vacant, formerly irrigated pasture
 
Proposed land use:                                        Single-Family Residential
 
Gross area:                                                     44.19 acres
 
Net area:                                                         42.28 acres
 
Proposed number of lots:                               38
 
Lot size:                                                          Max:   33.8 acres   Min.:   7,500 square feet
                                                                         
Parkland requirements:                                  0.93 acres of parkland required; cash in lieu proposed for this filing.

A public hearing was conducted by the Yellowstone County Board of Planning on August 27, 2013. Property owners adjacent to the subject property were notified by certified mail of the hearing and a legal notice was published in the Billings Times.  There were no public comments provided.

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.