Staff recommends the Planning Board recommend to City Council that the preliminary plat of 44 West Subdivision, 2nd Filing be conditionally approved, and the Findings of Fact adopted as presented in the staff report.

On May 1, 2026, Performance Engineering, on behalf of McCall Development, applied for preliminary plat approval for 44 West Subdivision, 2nd Filing. The proposed subdivision creates 108 lots for development. The subject property is generally located south of Central Avenue, and west of Twin Pines Townhomes. The property is currently zoned Mixed Residential 2 (NX2), Mixed Residential 1 (NX1) and Corridor Mixed Use 1 (CMU1). 

VARIANCES
The applicant is not applying for any variances from subdivision regulations.

PROPOSED CONDITIONS OF APPROVAL 

1. Minor changes may be made in the SIA and final documents, as requested by the Planning, Legal or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
2. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY
Pre-Application Meeting: April 2, 2026
Preliminary Plat application submitted to Planning Division: April 2, 2026
Departmental Review Meeting: May 14, 2026
Preliminary Plat Resubmittal: May 21, 2026
Planning Board Plat Review: June 9, 2026
Planning Board Public Hearing: June 23, 2026
Preliminary Plat to City Council: July 27, 2026
60 Working-Day Preliminary Plat Review period ends: July 28, 2026

PLAT INFORMATION
General Location: South of Central Avenue, and west of Twin Pines Townhomes
Legal Description: Being Lot 3, Block 1 of Clearwater Estates Subdivision, 2nd Filing and Lot 11 and portions of Lot 12 of Block 3 of 44 West Subdivision.
Owner/Subdivider: McCall Development, Inc.
Engineer/Surveyor: Performance Engineering 
Existing Zoning: NX2, NX1, and CMU1
Existing Land Use: Agricultural land
Proposed Land Use: Residential
Gross Area: ± 18.11 Acres
Proposed number of lots: 108
Lot Size:  Parkland Requirements: Subdivision regulations require a dedication of 1.39 acres. The applicant is proposing to provide 1.94 acres of private parkland.  

Traffic Impact Study
A traffic impact study (TIS) was completed for the entire subdivision, 44 West, at full build out. This includes the 55 acres of farmland to the south of 44 West Subdivision 1st, 2nd, and 3rd Filings. From Central Avenue to the Monad Drain, on the southern end of the 55 acres of farmland. In the SIA under the heading 'III Transportation. A. Street', the agent shows the percentage of contribution that this filing will be responsible for at final plat. All required intersection improvement contributions identified therein shall be completed by the Subdivider at the Subdivider’s expense. The percent of traffic contributions to the following intersections for this filing:

a. S. 48th and Central – 0.30%
b. Shiloh and Broadwater – 0.50%
c. Shiloh and Central – 1.70%
d. Shiloh and Monad – 0.40%
e. Central and S 44th West – 2.50%

The cash contributions shall be based on the percent of traffic contributions to the intersections based on the total cost of an intersection as determined by City Engineering for the year in which the contribution is made. These cash contributions for the intersection improvement will be made prior to final plat approval.

The TIS shows that a left-turn lane on Central Avenue at the 44th Street West intersection with Central, is required to be constructed with this filing, 44 West Subdivision, 2nd Filing.

 

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on June 23, 2026. 

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 July 28, 2026. State and City subdivision regulations also require that the preliminary plat 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

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

One of the purposes of the City's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. Various City departments, private service/utility providers and the affected school district/s, 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.