On February 1, 2019, WWC Engineering, agent for Canal Vista, LLC, applied for preliminary minor plat approval for Canal Vista Subdivision.  The proposed subdivision creates 2 lots from a single lot for residential development.  The applicant is proposing to build patio homes where there will be common shared areas with an HOA to maintain the common areas. The subject property is generally located north of the intersection of Ditton Drive and Greenbriar Road.  The property is zoned Residential-9,600 (R-96).

The City Council accepted a petition to vacate the rights-of-way in the Lake Hills Subdivision, 25th Filing (which this plat replaces) at its meeting on February 25 and set a public hearing date for March 25. The City Council was scheduled to act on vacating the Lake Hills Subdivision, 25th Filing, and then acting on this new preliminary plat for the planned new development for this property at its meeting on March 11. The applicants requested the Council remove the two plats from the March 11 meeting agenda and place them on the March 25 agenda for action. After significant concerns were expressed from neighbors of the proposed development during the public comment period at the March 11 meeting, the Council voted to remove the two preliminary plats and place them on the March 25 agenda.
 

In accordance with state law, the City Council has 35 working days to act upon this preliminary minor plat. The 35 working day review period for this proposed plat ends on March 25, 2019. 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 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 will be two lots with single family development and may be further improved under private ownership, resulting in additional tax revenues for the City as well as an increase in service demand.

General location: North of the intersection of Ditton Drive and Greenbriar Road
Legal Description: Lake Hills Subdivision 25th Filing, Amended
Owner/Subdivider: Canal Vista, LLC
Engineer and Surveyor: WWC Engineering, Greg Reid
Existing Zoning: R-96
Existing land use: Vacant
Proposed land use: Residential
Gross and Net area: 13.91 acres / 12.17 acres
Proposed number of lots: 2

PROCEDURAL HISTORY

• Pre-application meeting conducted October 25, 2018.
• Preliminary plat application submitted to the Planning Division February 1, 2019.
• Preliminary plat to the City Council March 11, 2019.
• 35 working-day preliminary plat review period ends March 25, 2019.

VARIANCES REQUESTED
A variance from Section 23-406(B)(13) City of Billings Subdivision Regulations has been requested.  This requirement is for boulevard styles sidewalks shall be installed on both sides of all streets. 
 
Staff is recommending approval of the variance request. Further explanation and analysis can be found in Attachment A.
 

A public hearing is not required or scheduled for the City Council meeting, however nearby property owners may attend the City Council meeting. The Planning Division had not initially received public comment on the proposed plat when the memo for the March 11 meeting was first submitted. However, there has been significant comment received by the Planning Division and at the City Council meeting on March 11, as well as a list of neighboring property owners that oppose the new proposed development, received by the Planning staff in recent weeks.

Consistency with the 2016 City of Billings Growth Policy, the 2018 Transportation Plan Update, and the 2017 Billings Area Bikeway and Trail Master Plan Update are discussed within the Findings of Fact.

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  Various City departments have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts.