On September 1, 2010, owners, Grand Peaks, LLC and Bishop Fox Company, applied for preliminary major plat approval for Grand Peaks Subdivision, 2nd Filing. The proposed subdivision re-plats 5 lots originally platted in the Grand Peaks Subdivision and Bishop Fox Subdivision, into 77 lots. The subject property is located northeast of the intersection of Grand Avenue and 54th Street West. The property is zoned Residential Multi-family Restricted (RMF-R), Residential-7000 (R-70), and Residential-5000 (R-50). The proposal would create 73 lots for single-family homes, two storm water retention pond lots, and two large lots to be further subdivided in the future. The representing agent is Sanderson Stewart. The Yellowstone County Board of Planning conducted a public hearing on October 26, 2010 and continued it on November 9, 2010, before making a recommendation to the City Council.

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 November 29, 2010. 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

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

On September 1, 2010, owners, Grand Peaks, LLC and Bishop Fox Company, applied for preliminary major plat approval for Grand Peaks Subdivision, 2nd Filing. The proposed subdivision re-plats 5 lots originally platted in the Grand Peaks Subdivision and Bishop Fox Subdivision, into 77 lots. The subject property is located northeast of the intersection of Grand Avenue and 54th Street West. The property is zoned Residential Multi-family Restricted (RMF-R), Residential-7000 (R-70), and Residential-5000 (R-50). The proposal would create 73 lots for single-family homes, two storm water retention pond lots, and two large lots to be further subdivided in the future. The subject property is bordered on the north and east by irrigated agriculture land, on the south by single-family attached condominiums within Grand Peaks Subdivision (1st Filing), and on the west by single-family lots within the Cottonwood Grove Subdivision.

General location: Northeast of the intersection of Grand Avenue and 54th Street West

Legal Description: Lots 2 and 3, Block 2, Lot 1, Block 3, and Lot 1, Block 4 of Grand Peaks Subdivision, and Lot 3, Block 1 of Bishop Fox Subdivision located in the SW ¼, Section 32, T1N, R25E

Owners: Grand Peaks, LLC & Bishop Fox Company

Subdivider: J&S Development Co.; Jeff Junkert, President

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: RMF-R, R-70, R-50

Existing land use: Platted vacant lots

Proposed land use: Single-family residential
Gross and Net area: 29.02 acres; 22.13 acres

Proposed number of lots: 77

Lot size: Max: 5.0 acres
Min.: 7,007 square feet

Parkland requirements: Parkland dedication is proposed to be met by a cash payment in lieu of land dedication.

Certified mailings were sent to adjacent property owners of the proposed subdivision informing them of a public hearing before the Planning Board.  The Public Hearing was held on October 26, 2010 and continued on November 9, 2010, due to a lack of quorum of boardmembers to close the hearing and make a recommendation.  Aside from the applicant and his agent, no public testimony was given and no inquiries have otherwise been made about the project. 

Consistency with the 2008 Growth Policy, the 2009 Transportation Plan Update, and Heritage Trail Plan are discussed within the Findings of Fact.