On November 1, 2013, owner, Mont Vista, LLC applied for preliminary major plat approval for Mont Vista Subdivision, 1^st Filing. The proposed subdivision creates 88 new lots for residential development, 3 park lots, and 2 large lots for future development. The subject property is generally located on the east side of 54th Street West, south of Rimrock Road.  The property is zoned as a Planned Unit Development (PUD). A previous preliminary plat proposal for Mont Vista Subdivision was reviewed and approved during 2008, but that preliminary plat approval has expired. The current subdivision proposal is significantly different from the 2008 plat.  The Yellowstone County Board of Planning conducted a public hearing on the proposal at its January 14, 2014, 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 January 31, 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:                                East side of 54^th St. West, south of Rimrock Rd.
 
Legal Description:                              Certificate of Survey 2054, Tract 1-A; NW ¼ of Section 32, Township 1N, and Range 25E
 
Owner/Subdivider:                             Mont Vista, LLC (Alan Lees, Rick Dorn, Tracy Haag, partners)
 
Engineer and Surveyor:                     KLJ
 
Existing Zoning:                                 Planned Unit Development
 
Existing land use:                               Vacant
 
Proposed land use:                            Single-family residential
 
Gross and Net area:                           59.8 acres; 50 acres
 
Proposed number of lots:                   93
 
Lot size:                                              Max:   18.2 acres
                                                           Min.:   6,700 square feet
 
Parkland requirements:                      Parkland requirements for the 1^st Filing:  1.62 acres
                                                           Proposed parkland to be provided: 2.9 acres (not including parcel created for Cynthia Park exchange)
 
Variance requested:                           No variances have been requested.

A public hearing was held at the January 14, 2014, Yellowstone County Board of Planning meeting. Two adjacent property owners provided comments; neither were in opposition to the development, but just wanted further information. One neighbor asked about the history of the agreement to exchange Cynthia Park for an equal amount of land within the development. It was explained that back in 2007 when the City reviewed and adopted the Planned Unit Development Agreement, it was seen in the City's (and development's) best interest that parkland be consolidated to a more centralized area.  The neighbor also asked about the eventual land use of the pink and purple areas shown on the Master Plan. It was explained that those areas would be used for patio homes, which are detached townhomes.

The second neighbor asked if Ridgefield Drive, formerly known as Yerger Drive, was going to become a full road access off of Rimrock Road to the subdivision. It was explained that although the right-of-way exists, this development will not build it as a street, but only as a pedestrian access/trail in future filings.

The Planning Board also discussed various items. One concern that was expressed was the location of the proposed emergency access road, as shown on the preliminary plat. Board Member Susan Gilbertz indicated that she was not satisfied that the emergency access could be assured to function successfully due to its location so close to the main entrance of the subdivision.  Staff had followed up with the Fire Department regarding this issue before the hearing and confirmed that the access met the requirements for emergency accesses. However, Board Member Gilbertz voted not to support the staff's recommendation of preliminary plat approval because of her concern about the emergency access location.  The final Planning Board vote was 8-1 in favor of conditional approval.

Subsequent to the public hearing, staff received a call from the neighboring property owner to the south who indicated that he preferred the previous subdivision design proposed in 2007. However, he was not opposed to the development.

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.