On July 1, 2014, the Planning Division received an application for preliminary plat approval for Josephine Crossing Subdivision 5th Filing. The plat contains 92 lots on approximately 15.35 acres of land generally located south of Elysian Road and west of Stony Meadow Lane.  The property is currently vacant land and used for agricultural purposes.  The owner is McCall Development, and the representing agent is Sanderson Stewart.

In accordance with state law, the City Council has 60 working days to act upon this preliminary major plat.  The 60 working day review period for the proposed plat ends on September 25, 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-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 Elysian Road and West of Stony Meadow Lane
 
Legal Description:                                           Tract 1A Amended Certificate of Survey 3223
 
Owner/Subdivider:                                          McCall Development, Inc.
 
Engineer and Surveyor:                                  Sanderson Stewart
 
Existing Zoning:                                              Josephine Crossing Planned Development
 
Existing land use:                                            Vacant Land/Agricultural use
 
Proposed land use:                                         Residential
 
Gross/net area:                                               15.35 acres / 10.77 acres
 
Proposed number of lots:                                92
 
Lot size:                                                          Max:    9,894 square feet
                                                                        Min.:   2,238 square feet
 
Parkland requirements:                                   Parkland required is 1.18 acres the applicant is providing 2.11 acres

A public hearing was held at the August 26, 2014, Planning Board meeting.  There were some questions from planning board members.  One question was whether the subdivision was in the 100 year flood plain and it is not.  That portion of property remains under the ownership of the Roman Catholic Diocese as part of its cemetery property.  A second question was about the raised and planted berm along the current west edge of Josephine Crossing and what will happen to it.  It was explained that it will be removed to accommodate new lots and access to the existing carriage lane.  The last question was asked about current ownership of the land.  It was pointed out that the current owner is required to sign the subdivision application before it may be submitted for processing.  The public hearing was then opened and a representative for the applicant and a representative for the agent were in attendance at the public hearing.  No one from the public or surrounding property owners were at the meeting.  No one spoke in favor or in opposition of the proposed Josephine Crossing Subdivision, 5th Filing.

Consistency with the Growth Policy, the Transportation Plan 2009 Update, the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.