Lake Hills Subdivision, 25th Filing, Amended is a proposed subdivision that would re-plat 24 lots originally created by Lake Hills Subdivision, 25th Filing, into 28 new lots for residential use.  The property is located along Ditton Drive and Lake Heights Drive at the north end of Lake Hills Subdivision in the Heights. City Council granted conditional approval of the preliminary plat of Lake Hills Subdivision, 25th Filing, Amended on June 23, 2008. Section 23-302.M. of the City Subdivision Regulations stipulates that the conditional approval of major preliminary plats shall be in force for not more than three years unless extended by City Council at the request of the subdivider. Last year, prior to the three-year expiration, the applicants requested from City Council one additional year to prepare the final plat for approval. At that time, only one year was allowed to be requested.  The Council extended the three-year preliminary plat approval period at that time to June 23, 2012. 

The 2011 State Legislature passed a bill allowing the governing body to approve the extension of preliminary plat approval beyond one additional year, to a time period mutually agreed upon by the Council and the subdivider. The current preliminary plat approval will expire on June 23, 2012, and the subdivider has requested an additional three-year extension to that approval period for reasons described on page two of Attachment 1.

The City Council may:

• Approve the request to extend the preliminary plat approval for three additional years; or
• Deny the request.

Section 23-302.M. lists seven criteria for City Council to consider when evaluating a request for a preliminary plat approval extension request. They are as follows:
1.  Changes to the subdivision regulations since the original approval and whether the subdivision as originally approved is essentially compliant with the new regulations.
2.  Progress to date in completing the subdivision as a whole and any phases.
3.  Phasing of the subdivision and the ability for the existing development to operate without the delayed development.
4.  Dependence of infrastructure development on the subdivision.
5.  Duration of the requested extension.
6.  Demonstrated ability of the subdivider to complete the subdivision.
7.  Such other factors or criteria as deemed material in the discretion of the governing body.

Planning staff's evaluation of these criteria is included in Attachment 2. 

Platting and subsequent development of 28 lots for residential development would increase the tax revenues for the City. Allowing the subdivider additional time 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 Lake Hills Subdivision, 25th Filing, Amended, for three years, and set the new expiration date to June 23, 2015.