King Meadows Subdivision is a proposed subdivision that would create 409 lots on 150 acrs of land on the south side of King Avenue West between 44th St. West and 48th St. West.  City Council granted conditional approval of the preliminary plat of King Meadows Subdivision on June 25, 2007.  Section 23-302(13) of the City Subdivision Regulations stipulates that the conditional approval of preliminary plats shall be in force for not more than three years, unless a request for a one-year extension is received and approved by the City Council. In late May of 2010, the developer of King Meadows requested such an extension of the preliminary plat approval, and City Council granted it and set the new preliminary plat approval expiration date for June 25, 2011.  Due to the economic and market conditions, the developers have still not prepared the final plat for approval and recording but have indicated a continued desire to do so in the next year or two.

During the 2011 State legislative session, House Bill 522 (see attachment) was introduced to amend Section 76-3-610, MCA to allow the governing body to extend the preliminary plat approval period to a "mutually agreed upon period of time" by the developer and the governing body. This bill removed the 3 + 1 year time limitation for preliminary plat approval. House Bill 522 was passed and signed into law by the Governor on April 21, 2011, effective immediately.  As stated above and in the attached letter, the developer, King Meadows, LLC, has requested to keep the preliminary plat approval active for another year, with an option for one additional year. The developer has invested a considerable amount of money in developing the subdivision plan, as well as an elaborate zoning plan to match, and intends to develop the property consistent to this plan. The developer feels starting the preliminary plat process again would not be beneficial to them or the City.

The City Council may approve or deny the request to extend the preliminary plat approval for up to two more years.

The platting of 409 new lots would increase the tax revenues for the City. Allowing the subdivider up to two more years to prepare the final plat for approval and recording should not have any direct financial impact to the City.

Planning staff recommends that the City Council approve the request for a extension of the preliminary plat approval date for King Meadows Subdivision for a period of no more than two years, and set the new expiration date for June 25, 2013.