On December 2, 2013, subdivider, Estates of Briarwood, LLC applied for preliminary major plat approval for The Estates at Briarwood Subdivision, 2^nd Filing. The proposed subdivision creates 25 new lots for residential development, one lot for storm water retention, and one large lot for future development. The subject property is generally located in the Briarwood community, on the north side of McMasters Road.  The property is zoned as a Planned Unit Development (PUD). A previous preliminary plat proposal for The Estates At Briarwood Subdivision, 2nd Filing, was reviewed and approved during 2009, but that preliminary plat approval has expired. The current proposal is significantly different from the 2009 proposal.  The Yellowstone County Board of Planning conducted a public hearing on the proposal at its January 28, 2014, meeting.  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 February 28, 2014. 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 working 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.

General location:                                On both sides of Glengarry Lane, north of McMasters Road, in the north central area of the Briarwood community.
 
Legal Description:                              A portion of the remainder of Tract 5A, Certificate of Survey 2544, 4^th and 5^th Amended; SW ¼ of Section 22, Township 1S, and Range 26E
 
Owners:                                              Estates of Briarwood, LLC (Jim Kisling), and PM&M, LLC (Dick Paasch)
 
Subdivider:                                         Estates of Briarwood, LLC
 
Engineer and Surveyor:                     Sanderson Stewart
 
Existing Zoning:                                 Planned Unit Development
 
Existing land use:                               Vacant
 
Proposed land use:                             Single-family residential
 
Gross and Net area:                            52.3 acres; 50.5 acres
 
Proposed number of lots:                   27
 
Lot size:                                              Max:   39.1 acres
                                                           Min.:   14,287 square feet
 
Parkland requirements:                      Parkland requirements of 1.14 acres are proposed to be met through a cash contribution in lieu of land dedication.
                                                           
Variance requested:                           No variances have been requested.

A public hearing was held at the January 28, 2014, Yellowstone County Board of Planning meeting. No comments from the public were provided at the hearing. However, one adjacent neighbor within the first filing of this subdivision provided comments after the meeting. Specifically, the neighbor was interested in how the new emergency access road maintenance district would be formed, and how the assessments will affect his property. Staff indicated that because the emergency access road is anticipated to be a permanent second access out of Briarwood, maintenance of the access road by those benefiting from it is required in accordance with the International Fire Code. Furthermore, this emergency access road is for the benefit of both filings of The Estates at Briarwood Subdivision, and lot owners from both the 1st and 2nd Filings will be included in the new maintenance district.  Since maintenance provisions were not established with the first filing of the subdivision, it is a recommended condition of approval  of the second filing that the subdivider establish the maintenance district prior to final plat approval by providing a cost estimate for maintenance of the road, and establishing an assessment schedule to accomplish the maintenance.  Although this type of maintenance district has not been created before, it is anticipated to function similarly to a park maintenance district whereby annual assessments are collected as part of the benefiting properties' taxes.

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.