The developer of the High Sierra Subdivision, 6th Filing, is requesting the City Council grant a two-year extension of the preliminary plat approval for the subdivision. High Sierra Subdivision, 6th Filing would create 21 lots for residential development out of 7.18 acres, and is part of a larger master planned area with multiple filings (see attached Master Plan).  The property is located north of Annandale Road and east of Greenbriar Road in the Lake Hills area of the Billings Heights. The property is zoned Residential-9600 (R-96) and Residential-7000-Restricted (R-70-R).

City Council granted conditional approval of the preliminary plat of High Sierra Subdivision, 6th Filing on February 9, 2009. The three year preliminary plat approval period expired on February 9, 2012. Prior to that deadline, the subdivider had requested and received extension to the approval period for three additional years. That moved the preliminary plat approval to February 9, 2015.  A two year extension was requested in January of 2015 to extend the preliminary plat another two years to February 9, 2017. There have been challenges that have slowed the development of the subject property.  First, timing of access and utilities (water, sewer, storm) running up Annandale Road took time, but now are complete.  Second, there have been some market conditions that have slowed the development of this property.  The third and main reason for the slower timing has been working through the mitigation of storm water run-off for the site.  The developer has been actively pursuing use of an off-site area for storm water treatment and detention. The City Public Works Department is aware of this process and the progress being made. With the latest approval deadline approaching, the subdivider has requested an additional two year extension. If the extension is granted, the preliminary plat approval will remain valid until February 9, 2019. 

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 to a period of time mutually agreed-upon by Council and the subdivider. The governing body may issue more than one extension.

The City Council may:

• Approve the request to extend the preliminary plat approval for two 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 1.

Platting and subsequent development of 21 lots for residential development would increase the tax revenues for the City. Allowing the subdivider additional time to install required infrastructure and 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 High Sierra Subdivision, 6th Filing for two years, and set the new expiration date to February 9, 2019.