Staff recommends the City Council approve the preliminary plat extension request for Trails West Subdivision, 6th Filing with amendments to the preliminarily approved Subdivision Improvements Agreement (SIA).

On September 26, 2022, Sanderson Stewart on behalf of Dorn-Wilson Development applied for preliminary plat extension for Trails West Subdivision, 6th Filing. The subdivision received original preliminary plat approval on December 16, 2019. They are requesting an extension of two years to the preliminary approval. The new date for completion of the final plat, with the extension, would be December 19, 2024. In addition to the extension the applicant in coordination with Staff has worked to amend the draft SIA utilizing current template language. These changes are summarized below:

• Section II A - Updated to City current SIA template language amended to “If sidewalk is not constructed within 5 years, the City has the right to construct the sidewalk and assess the property owners.”
• Section III A 4-Language revised based on City Engineering comments. Item 4 requires the developer to be responsible for half of the construction of Stockman Avenue across the Birely Drain.
• Section III D - Language revised based on City Engineering comments requiring the cash contributions shall be based on the percent of traffic contributions to the intersections on the total cost of an intersection as determined by Engineering for the year in which the contribution is made. The cash contribution shall be made prior to final plat approval.  
• Section X A - Updated to City current SIA template language amended to.  “Subdivider agrees to guarantee all public improvements for a period of two year from the date of final acceptance by the City of Billings.”
• Section X C - Updated to City current SIA template language amended to.  “The covenants, agreements, and all statements in this Agreement run with the land and apply to and shall be binding on the heirs, personal representatives, successors, assigns and transferees of the respective parties.”
• Removed Douglas Frank, Debra Frank, and Ronald Frank as signatures on the SIA and Waiver.  Dorn-Wilson Development is the current owner of the property.
• Updated the Waiver to the current City template language.  

The City Council may approve or disapprove of the preliminary plat extension request of Trails West Subdivision, 6th Filing. The City of Billings Subdivision Regulations state the following:
"The approval or conditional approval shall be valid for not more than three (3) calendar years. At the end of this period the governing body may, at the request of the subdivider, extend its approval for mutually agreed-upon period of time. Any mutually agreed-upon extension must be in writing and dated and signed by the governing body and the subdivider or subdivider’s agent. The governing body may issue more than one extension per BMCC 23-300 M.

When considering a request for an extension of the preliminary plat approval period, the governing body may use the following criteria to evaluate the request:
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.

After the preliminary plat is approved, the governing body may not impose any additional conditions as a prerequisite to final plat approval, providing the approval is obtained within the original or extended approval period described above (76-3-610(2), MCA)." Staff found no reason under the extension criteria to deny this extension of the time period for the Trails West Subdivision, 6th Filing Preliminary Plat.

The extension request of this subdivision will have no financial impact on the Planning Division.