On December 2, 2013, owner, Boyer Land, LLC applied for preliminary major plat approval for Silver Creek Estates. The proposed subdivision creates 127 new lots total; 117 lots for single-family residential development, 8 large lots for unit-ownership development, and 2 lots to be used for storm water retention. The subject property is generally located between 46th Street West and 50th Street West, south of Rimrock Road.  The property is zoned Residential-9600 (R-96). Development is proposed in at least three phases. The Yellowstone County Board of Planning conducted a public hearing on the proposal at its January 28, 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 February 28, 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:                                South of Rimrock Rd. between 46^th Street West and 50^th Street West
 
Legal Description:                              Certificate of Survey 3362, Tract 1-A; NE ¼ of Section 32, Township 1N, and Range 25E
 
Owner/Subdivider:                             Boyer Land, LLC (Jim Boyer, President)
 
Engineer and Surveyor:                     KLJ
 
Existing Zoning:                                 R-96
 
Existing land use:                               Irrigated cropland
 
Proposed land use:                            Single-family residential
 
Gross and Net area:                           62.7 acres; 51.48 acres
 
Proposed number of lots:                   127
 
Lot size:                                              Max:   3.58 acres
                                                           Min.:   9,600 square feet
 
Parkland requirements:                      Parkland requirements are:  5.66 acres
                                                            Proposed parkland: 3.66 acres previously dedicated for this subdivision In River Rock Park to the south, 0.16 acres dedication in three trail connections, and cash payment for the remaining 1.84 acres.
 
Variance requested:                          No variances have been requested.

A public hearing was held at the January 28, 2014, Yellowstone County Board of Planning meeting. Aside from the developer and his engineer, no public comments were received at the hearing. However two adjacent property owners provided written comments prior to the meeting. The neighbors, both of whom live directly east at the corner of Rio Vista Ave. and 46th St. West, expressed concerns about how the new development will impact their properties.
One neighbor indicated that there should be more accesses to the subdivision, rather than just 46th Street West, as 46th St. W. already has a lot of traffic. (Staff points out that a second access out to 50th Street West is planned with development of the 3rd phase of the subdivision.) Also, that neighbor expressed that this subdivision should be responsible for developing its own park, as they are paying for Rimrock West Park improvements through SID assessments, and they don't think its fair for the new development to use the park they are financing. (Staff points out that Silver Creek Estates will be assessed its own SID to help complete development of River Rock Park (see attached Master Plan exhibit), which is adjacent to Rimrock West Park, when 60% of building permits are issued for the subdivision.)

The second property owner expressed in writing concerns about construction impacts that the adjacent properties may experience. The neighbor indicated that due to the prevailing west winds, when the property to the south (River Rock Estates) was developed, the adjacent properties received damage from wind borne dirt and dust. The neighbor's suggested solution was for the developer to install the privacy fence along 46th St. West, prior to any major grading on the site.  The developer responded by indicating his intent to install the fence as soon as possible, but that some grading would need to be done to prepare the fence site. (Staff points out that the Public Works-Environmental Affairs division reviews and enforces the use of mitigation measures for erosion from the site by wind and water through the Storm Water Pollution Prevention Plan.) Best management practices are required during site development.

Planning staff also received several other phone calls prior to the public hearing from neighbors to the north of the subject property. These properties are in the County and front Rimrock Road. However, they have Cove Avenue, 48th Street West, and Leroy Lane platted within them. The property owners were requesting clarification on whether Leroy Lane and Cove Avenue were being constructed with this proposal. Staff explained that these streets were not being constructed with this development, and that no motorized vehicle access would be allowed onto those streets from the proposed lots.

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.