On June 2, 2014, subdivider, High Sierra II, Inc., applied for preliminary major plat approval for High Sierra Subdivision, 8th Filing. The proposed subdivision creates 94 lots for single-family residences on a 26-acre parcel of land. This proposal is part of the previously approved master plan of High Sierra Subdivision, 5th -12th Filings, which includes a total of approximately 1,375 lots platted from 400 acres in multiple filings. The subject property is generally located north of Benjamin Boulevard, on both sides of High Sierra Boulevard in the northwest Billings Heights.  The property is zoned Residential-7,000-Restricted (R-70-R). The subdivider has requested a variance from Section 23-406.A.6. of the City Subdivision Regulations to allow a dead-end street (Vera Cruz Circle) to be longer than 600 feet in length.  An explanation of this variance request and the staff analysis can be found in the Attachments to this report.  The Yellowstone County Board of Planning conducted a public hearing on this proposal and forwarded a recommendation at its July 22nd 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 August 25, 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:                                            North of Benjamin Boulevard in the Heights
 
Legal Description:                                          Lot 2A, Block 1 of  Marisela Subdivision, Amended

Subdivider/Owner:                                         High Sierra II, Inc.
 
Engineer and Surveyor:                                 Sanderson Stewart
 
Existing Zoning:                                              R-70-R
 
Existing land use:                                           Dry-land agricultural
 
Proposed land use:                                        Single-Family Residential
 
Gross/Net area:                                              26.06 acres / 19.9 acres                     

Proposed number of lots:                               95 (1 lot is unbuildable and will be merged with a future filing)
 
Lot size:                                                          Max:   14,939 square feet
                                                                       Min.:   7,041 square feet
 
Parkland requirements:                                  2.19 acres of parkland required; a combination of land and cash in lieu of land dedication is proposed.

Variance requested:                                       A variance to allow a dead-end street to be 670 feet in length instead of the required 600-foot maximum.

A public hearing was held at the July 22, 2014, Yellowstone County Board of Planning meeting. Three neighboring property owners spoke and inquired about the proposal, and the developer and his engineer provided information regarding the questions of the neighbors and Board.  Discussion was focused around the storm water management plan for the subdivision and the parkland and trail connections proposed.

Neighboring developer,Ron Hill asked questions regarding how storm water will be managed for this filing and subsequent filings of High Sierra Subdivision as some of his property to the south currently gets runoff from this property during large storm events.  The representing Engineer indicated that an overall storm water master plan has been completed for the High Sierra Subdivision Master Plan (5th through 12th Filings), adopted in 2008.  The plan shows storm water being directed to and captured in street storm sewer inlets and piped to a series of storm water detention basins to the north.  Current issues with drainage will be solved as land grading occurs on a filing-by-filing basis to redirect the water as needed. The final storm water master plan will be reviewed for compliance with the most current City and State storm water management requirements. It was pointed out that storm water eventually outfalls to Five Mile Creek and the BBWA, as it has historically done on this property.

Another neighbor who lives on Benjamin Boulevard asked for clarification on the future sidewalk/trail connection that he was told would be provided at the end of the cul-de-sac on which he lives.  The subdivider assured him that this is still planned as shown on the Master Plan and that it would be installed with the filing to the north as a sidewalk connection once those lots adjacent are platted.  The neighbor seemed satisfied with the explanation.

The Planning  Board then had discussion about the need for neighborhood parkland in the subdivision, as multiple filings have been platted yet no parkland has been dedicated.  The subdivider indicated that the adopted Master Plan shows several park areas that will be dedicated and developed, but that the order of platting has not included the parkland as of yet.  He indicated that the order of platting has been dictated by the ability to engineer the water and sewer facilities.  He also indicated he intends to not only dedicate the future parkland but also build the parks, and that there needs to be a critical mass of homes before it is viable to build a park. However, due to the Planning Boards concerns, the subdivider proposed to dedicate at this time the 1.75 acre park to the north of Cortez Avenue adjacent to the 8th Filing lots.  Because this dedication was not reflected on the preliminary plat as presented, it is recommended as a condition of approval that the 1.75 acre park be dedicated to the City on the final plat.
  
After taking the public testimony, the Planning Board voted unanimously to support the proposal and recommend conditional approval of the preliminary plat of the subdivision to the City Council.

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.