On April 1, 2016, Northern Engineering and Consulting Inc., agent for Felton Associates, Inc., applied for preliminary major plat approval for Emma Jean Heights Subdivision, 3^rd Filing. The proposed subdivision creates 37 new lots for single family residential development to be completed in two phases. This proposal is the third filing of a master planned subdivision that was originally reviewed in 2006. The subject property is generally located on the west side of Bitterroot Drive, south of Wicks Lane, in the northeast Billings Heights.  The property is zoned Residential-7000 (R-70) which allows a single family home on a minimum lot size of 7,000 square feet.  It also allows two dwelling units on a lot with a minimum square footage of 9,600.
 

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 28, 2016. 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

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If the City Council approves the preliminary plat, the subject property may further develop under private ownership, resulting in additional tax revenues.
 

General location:                                Near the south west corner of Wicks Lane and Bitterroot Drive
 
Legal Description:                              Lot 1, Block 19, Emma Jean, 2^nd Filing
 
Owner/Subdivider:                             Felton Associates, Inc.
 
Engineer and Surveyor:                      Northern Engineering and Consulting, Inc.
 
Existing Zoning:                                 Residential 7000 (R-70)
 
Existing land use:                                Vacant land
 
Proposed land use:                              Single-family residential
 
Gross and Net area:                             32.33 acres; 6.79 acres with this filing
 
Proposed number of lots:                    37 (19 in Phase 1, 18 in Phase 2)
 
Lot size:                                               Max:    22.52 acres
                                                            Min.:    7,500 square feet
 
Parkland requirements:                       In accordance with 76-3-621(6)(a), MCA the applicant will be providing 11% of the net land being developed
                                                            with this filing as park land.  This filing requires a .75 acre dedication. The requirements for the entire 
                                                            subdivision is 4.37 acres.
 

The Planning Board conducted a public hearing on this subdivision at its meeting on May 24. A brief presentation was given by staff to the Planning Board about the proposed subdivision. Board members asked staff several questions. One question was about the storm water detention pond currently in the subdivision and whether it might go away in the future when there is a storm drain system in Bitterroot Drive. Staff responded that in the future when there is a storm drain system in Bitterroot Drive, the development would be able to connect to the system and the lots currently in use as detention basins may be able to be filled and sold for home construction. Staff cautioned that there is still a need to have storm detention in a subdivision, so it will have to be determined what will be done with the existing system with approval by City Engineering. The Board also asked about contributions to street improvements and whether the developer would be required to contribute to street construction in the County subdivision to the south. Staff responded that the developer will not be required to contribute to street construction in the County subdivision to the south and that the roads in the County subdivision are gravel at this time.
 
The Board then opened the public hearing for questions or comments, but no one spoke.  A motion to forward a recommendation of conditional approval was made and seconded. The board voted unanimously to forward a conditional approval recommendation to the City Council.

Consistency with the 2008 Growth Policy, the Transportation Plan 2014 Update, and Billings Area Bikeways and Trail Master Plan are discussed within the Findings of Fact.