Skyview Ridge Subdivision, 1st Filing is a proposed subdivision that would create 15 lots on approximately 63 acres of land, south of Wicks Lane, west of Governor's Boulevard, and north of Constitution and Kootenai Avenues in the Heights.  The property is part of a larger master planned area (288 acres in total) owned by the Montana Department of Natural Resources and Conservation (DNRC) and managed as school trust land. City Council granted conditional approval of the preliminary plat of Skyview Ridge Subdivision, 1st Filing, on August 13, 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 City Council. The three year preliminary plat approval period was to expire August 13, 2010. At its meeting on July 12, 2010, City Council granted the DNRC request for a one year extension of the preliminary plat approval period to August 13, 2011.
 
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.  In late June of 2011, the DNRC requested a second extension to the preliminary approval period, for two additional years, in anticipation of better market conditions (see attachment). The owner has completed many of the conditions of approval for the final plat, including a Park Master Plan for the entire master plan area, and would like to keep the application active. The owner feels starting the preliminary plat period over again would not be beneficial for them or the City. 

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

Platting of 15 lots that are currently tax exempt and reselling them to private individuals would increase the tax revenues for the City. Allowing the subdivider up to two more years to prepare the final plat documents 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 an extension of the preliminary plat approval date for Skyview Ridge Subdivision, 1st Filing for two years, and set the new expiration date to August 13, 2013.