On June 1, 2011, owner, McCall Development, Inc., applied for preliminary major plat approval for Josephine Crossing Subdivision, 2nd Filing. The proposed subdivision creates 34 new lots for residential and neighborhood commercial development, a large private park lot, and one large remainder lot for future development. The subject property is generally located south of Elysian Road, and east of Mullowney Lane, adjacent to the existing Josephine Crossing Subdivision. The property is zoned Planned Development (PD) and the proposed lots would be developed in substantial compliance with the previously approved Planned Development Master Plan.
The Yellowstone County Board of Planning conducted a public hearing on July 26, 2011. The representing agent is Sanderson Stewart.

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 24, 2011. 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 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: South of Elysian Road, and east of Mullowney Lane in Josephine Crossing Subdivision

Legal Description: Lot 19, Block 5, Josephine Crossing Subdivision

Owner/Subdivider: McCall Development, Inc.

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: PD

Existing land use: Vacant

Proposed land use: Single-family residential, condominium development for attached single-family and attached live/work units, and parkland

Gross and Net area: 30.73 acres; 26.03 acres

Proposed number of lots: 36

Lot size: Max: 16.78 acres
Min.: 3,360 square feet

Parkland requirements: In accordance with 76-3-621(6)(a), MCA the overall Planned Development Master Plan provides for land permanently set aside for park and recreational uses sufficient to meet the needs of the persons who ultimately reside in the development and meets or exceeds the 11% net land area dedication requirement. Specific to this filing, 0.96 acres of private parkland are proposed to be provided AND developed.

Variance requested: No variances have been requested.

A public hearing was conducted by the Yellowstone County Board of Planning on July 26, 2011. One question was offered by a member of the board of the adjacent Holy Cross Cemetery. In regard to the mixed use zoning and potential buildings, he asked what the maximum allowable height would be. The developer responded by indicating that the allowable uses and building form were controlled in the existing Planned Development Agreement and Master Plan. This area south of the proposed parkland and east of Front Street would allow up to a four story structure. The developer pointed out that this plan was reviewed and supported by the existing neighbors within the first filing during a public charette (design idea meeting) the developer held prior to submitting the preliminary plat for review. There was no other public comment during the public hearing.

Consistency with the Growth Policy, the Transportation Plan 2009 Update, and Heritage Trail Plan are discussed within the Findings of Fact.