On November 1, 2012, subdivider, Dorn-Wilson Development, LLC, applied for preliminary major plat approval for Trails West Subdivision, 2nd Filing. The proposed subdivision would create 78 lots for single-family residences and one large lot to be subdivided for future development. The first filing of this subdivision and a master plan of the entire development was first submitted and reviewed by the Planning Board in 2009. The subject property is generally located on the south side of Grand Avenue, just west of 56th Street West. The property is zoned Residential-6,000-Restricted (R-60-R) and Residential-9,600 (R-96).  The Yellowstone County Board of Planning reviewed the plat and held a public hearing at its January 8, 2013, meeting. Sanderson Stewart is the representing agent.

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 January 30, 2013. 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: On the south side of Grand Ave., between 56th St. West and 60th St. West

Legal Description: Lot 1, Block 8, Trails West Subdivision, 1st Filing

Subdivider/Owner: Dorn-Wilson Development, LLC

Additional Owners: Ronald Frank, Douglas Frank, and Deborah Frank

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: R-96 and R-60-R

Existing land use: Irrigated agricultural land

Proposed land use: Single-Family Residential

Gross area: 56 acres

Net area: 49 acres

Proposed number of lots: 79 developed in 3 phases

Lot size: Max: 36.90 acres
Min.: 6,007 square feet

Parkland requirements: 1.37 acres of parkland required for the developed lots (minus Lot 1, Block 10); cash in lieu of land dedication is proposed

A public hearing was conducted by the Yellowstone County Board of Planning on January 8, 2013. Property owners adjacent to the subject property were notified by certified mail of the hearing and a legal notice was published in the Billings Times.  Adjacent property owner, Jeremy Ferkin, who owns property south of the subject property to the west of 58th St. West, indicated support for the project in general, but was opposed to the eventual construction of a connection for the subdivision to 58th St. West, as shown on the overall master plan.  In response to this concern, staff indicated that during the original Master Planning process of the subdivision, the connection to 58th St. West was proposed to support north/south connectivity, and also to provide access to Mr. Ferkin's property, as Broadwater Avenue was vacated and turned into a private road between 56th St. West and 58th St. West. It was also pointed out that this issue could be further reviewed in the future when the connection to 58th St. West is actually platted in a future filing.  No other public comments were received.

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.