On February 1, 2010, subdivider, Ron Hill, applied for preliminary major plat approval for Lake Hills Subdivision, 32nd Filing. The proposed subdivision re-plats 13 lots originally platted in the Lake Hills Subdivision, 15th and 16th Filings, into 21 lots. The subject property is located near the intersection of Clubhouse Way and Cherry Hills Road, at the north end of Lake Hills Subdivision in the Heights. The property is zoned Residential Multi-family (RMF), Residential-6000 (R-60), and Residential-9600 (R-96). One variance from the Subdivision Regulations has been requested. The Yellowstone County Board of Planning conducted a public hearing and forwarded a recommendation to City Council on March 23, 2010. The City Council will review the preliminary plat and approve, conditionally approve, or deny the proposed subdivision at the April 12, 2010, meeting. The representing agent is Sanderson Stewart.

State and City subdivision regulations 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.

One of the purposes of the City’s subdivision review process is to identify potentially negative effects of property subdivision. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects. Various City departments reviewed this application and provided input on effects and mitigation. The Planning Board develops and recommends conditions of approval that are based on departmental comments. The Findings of Fact, which are presented as Attachment D, discuss the potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts.

Should the City Council approve the preliminary plat, the subject property may further develop, resulting in additional tax revenues for the City.

The proposed subdivision re-plats 13 lots originally platted in the Lake Hills Subdivision, 15th and 16th Filings, into 21 lots. The subject properties are bordered on the east by single-family houses and the Lake Hills Golf Course, on the north and west by platted vacant lots, and on the south by multifamily dwellings. The completion of these roads at this location will be an important first connection between the properties on the east side of Lake Hills Subdivision with those on the west.

General location: Near the intersection of Clubhouse Way and Cherry Hills Road, in the Lake Hills Subdivision.

Legal Description: Lot 13, Block 16, Lots 25 & 26, Block 45, and Lots 12 & 13, Block 46 of Lake Hills Subdivision, 15th Filing; Lots 3, 4, & 5, Block 15, and Lots 14, 15, 19 & 20, Block 16, Lake Hills Subdivision, 16th Filing, and Lot 16-A of Amended Lots 5, 7, & 16, Block 16 of Lake Hills Subdivision, 16th Filing located in the NW ¼, Section 16, T1N, R26E

Subdivider/Owner: Ron Hill, Specialized Construction, Inc.
Engineer and Surveyor: Sanderson Stewart
Existing Zoning: RMF, R-60, R-96
Existing land use: Platted vacant lots
Proposed land use: Single-family residential
Gross and Net area: 4.715 acres
Proposed number of lots: 21
Lot size: Max: 12,408 square feet
Min.: 7,225 square feet
Parkland requirements: Parkland dedication was previously met.

VARIANCE REQUESTED
Variance from Section 23.406.B.13 of the City Subdivision Regulations, to allow for standard curb-style sidewalks in lieu of boulevard sidewalks. See Attachment B for further analysis and discussion.

At its March 23, 2010, meeting, the Planning Board held a public hearing to gather public input on the proposal. Certified letters were sent to adjacent property owners regarding the hearing and a legal notice also advertised the public hearing. Three adjacent property owners provided testimony on the proposed subdivision. One of the owners, who was also the developer’s marketing agent, expressed support for the proposal, stating that reducing the lot size while following the existing zoning will help respond to the markets’ desire for smaller lots. He indicated that the homes that are proposed to be built would be similar in size and quality to the single–family homes already in the area. Two other adjacent property owners spoke in opposition to the proposal. They were concerned that the creation of smaller lots adjacent to theirs would negatively affect the property values in the neighborhood.

The Planning Board discussed the public comments, specifically that while the proposed subdivision reduced some of the lot sizes in the neighborhood, the new lots would be in compliance with the zoning regulations. The Board also briefly reviewed its discussion from the plat review meeting on March 9 regarding the variance request to allow curb walk instead of boulevard sidewalk in the subdivision.

Consistency with the 2008 Growth Policy, the Heights Neighborhood Plan, the Transportation Plan, and the Heritage Trail Plan is discussed within the Findings of Fact in Attachment D.