On April 1, 2014, owner, Regal Land Development, Inc., applied for preliminary major plat approval for DayBreak Subdivision. The proposed subdivision creates 74 new lots for single-family and multi-family development, 2 lots to be held privately by the subdivision home owners association and used for storm water retention, and one lot and a trail corridor to be held and maintained privately by the subdivision home owners association. The subject property is generally located just east of the intersection of Grand Avenue and 56^th Street West on the south side of Grand Avenue. The property was annexed into the City on May 27, 2014, and a concurrent zone change from Agricultural Open Space to R6000 will be effective July 9, 2014. Development is proposed in at least three phases. The Yellowstone County Board of Planning conducted a public hearing on this proposal on May 28 and continued its discussions and made a recommendation at its meeting on June 10. 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 June 23, 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 Grand Avenue and east of the intersection of Grand Avenue and 56^th Street West.
 
Legal Description:                              Tracts being unplatted land described as the E1/2 W1/2 NW1/4 NW1/4 and the W1/2 E1/2 NW1/4 NW1/4
                                                            of Section 4, T.1S., R.25E., P.M.M., Yellowstone County
 
Owner/Subdivider:                             Regal Land Development, Inc. (Dan Wells, President)
 
Engineer and Surveyor:                     Scott Worthington, P.E.
 
Existing Zoning:                                 Agricultural Open Space
 
Proposed Zoning:                              Residential-6000
 
Existing land use:                              Single family residence and agricultural uses
 
Proposed land use:                           Single-family and multi-family residential
 
Gross and Net area:                          19.57 acres; 18.66 acres
 
Proposed number of lots:                   74
 
Lot size:                                             Max:    12,368 square feet
                                                           Min.:    6,030 square feet
 
Parkland requirements:                      Parkland requirements are:  1.378 acres

A public hearing was held at the May 28, 2014, Yellowstone County Board of Planning meeting. Aside from the developer, his engineer, and staff from the Parks, Recreation and Public Lands Department (PRPL), no public comments were received at the hearing.

There was significant discussion at the public hearing meeting between the Planning Board members and the developer, his agent, and PRPL staff regarding the plans for park land dedication and cash in lieu. An initial plan was accepted by PRPL and the Planning Board during its Plat Review meeting on May 13, but the developer made a new proposal just prior to the Planning Board public hearing that caused additional discussion and debate. The Planning Board delayed action on the preliminary plat until its meeting on June 10 so that Engineering, PRPL, and the Developer’s agent could better analyze the new proposal and see if it would function for park land. Analysis was conducted and it was determined that stormwater on the subdivision can be managed without using any of the open space on the east side of DayBreak Drive for stormwater control. The subdivision will utilize four stormwater facilities, labeled as A, B, C and D on the preliminary plat attached) and the area east of DayBreak Drive will be strictly for park use. The park, like the trail corridors, will be counted as credit toward park land dedication but will be held and maintained privately by the Daybreak Subdivision HOA.

The Planning Board at is June 10 meeting reviewed the proposal and took action to support the park land proposal and recommend approval of the preliminary plat of the subdivision to the City Council.

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.