On February 1, 2019, WWC Engineering, agent for Canal Vista, LLC, applied for preliminary minor plat approval for Lake Hills Subdivision, 25th Filing, Amended.  The proposed subdivision removes 32 lots from the existing 25th Filing and results in one 13.91-acre parcel of land. The subject property is generally located north of the intersection of Ditton Drive and Greenbriar Road.  The property is zoned Residential-9,600 (R-96). The property owners also have petitioned to vacate the right-of-way of the existing, unconstructed road rights-of-way in the Lake Hills Subdvision, 25th Filing. This is to facilitate the vacation of the plat and re-plat the property with two new large lots and new road rights-of-way for new development.

The City Council accepted the petition to vacate the rights-of-way at its meeting on February 25 and set a public hearing date for March 25. The City Council was scheduled to act on this plat and a new preliminary plat for the planned new development for this property at its meeting on March 11. The applicants requested the Council remove the two plats from the March 11 meeting agenda and place them on the March 25 agenda for action. After significant concerns were expressed from neighbors of the proposed development during the public comment period at the March 11 meeting, the Council voted to remove the two preliminary plats and place them on the March 25 agenda.

In accordance with state law, the City Council has 35 working days to act upon this preliminary minor plat. The 35 working day review period for this proposed plat ends on March 25, 2019. However, the applicants requested the review period be extended beyond 35-working days until April 8 to provide for extra time to complete the preliminary plat review and Council action, if it is needed. State and City subdivision regulations 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 review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

Should the City Council approve the preliminary plat, the subject property will be one lot and may be further improved under private ownership, resulting in additional tax revenues for the City.

General location: North of the intersection of Ditton Drive and Greenbriar Road
Legal Description: Lake Hills Subdivision 25th Filing, Lots 1- 13, Block 62, Lots 1-11 and Lot 28, Block 63, Lots 1-7, Block 65.
Owner/Subdivider: Canal Vista, LLC
Engineer and Surveyor: WWC Engineering, Greg Reid
Existing Zoning: R-96
Existing land use: Vacant
Proposed land use: Residential
Gross and Net area: 13.91 acres
Proposed number of lots: 1

PROCEDURAL HISTORY

• Pre-application meeting conducted October 25, 2018.
• Preliminary plat application submitted to the Planning Division February 1, 2019.
• Preliminary plat to the City Council March 11, 2019.
• 35 working-day preliminary plat review period ends March 25, 2019.

VARIANCES REQUESTED
No variances from the City Subdivision Regulations have been requested.

A public hearing is not required or scheduled for the City Council meeting, however nearby property owners may attend the City Council meeting. The Planning Division had not initially received public comment on the proposed plat when the memo for the March 11 meeting was first submitted. However, there has been significant comment received by the Planning Division and at the City Council meeting on March 11, as well as a list of neighboring property owners that oppose the new proposed development, received by the Planning staff in recent weeks.

Consistency with the 2016 City of Billings Growth Policy, the 2018 Transportation Plan Update, the 2017 Billings Area Bikeway and Trail Master Plan Update are discussed within the attached Findings of Fact.

One of the purposes of the City’s subdivision review process is to identify potential negative effects of property being subdivided. When negative effects are identified it is the subdivider’s responsibility to mitigate those effects.  Various City departments have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be minimal impacts from this proposed subdivision.