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Item 1.D.
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| City Council Regular | |
| Date: | 06/10/2024 |
| Title: | Preliminary plat extension request for High Sierra Subdivision, 20th Filing |
| Presented by: | David Green |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-21-00140 |
RECOMMENDATION
City staff recommends the City Council approve the preliminary plat extension request for High Sierra Subdivision, 20th Filing.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On May 13, 2024, Landy Leep for High Sierra II, Inc. requested a preliminary plat extension for High Sierra Subdivision, 20th Filing. The subdivision received original preliminary plat approval on October 25, 2021. The preliminary plat would expire on October 25, 2024. High Sierra II, Inc. are requesting an extension of two years to the preliminary plat approval. The new date for completion of the final plat, with the extension, would be October 25, 2026.
ALTERNATIVES
The City Council may approve or disapprove of the preliminary plat extension request of High Sierra Subdivision, 20th 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 a 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 High Sierra Subdivision, 20th Filing Preliminary Plat.
"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 a 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 High Sierra Subdivision, 20th Filing Preliminary Plat.
FISCAL EFFECTS
The extension request for this subdivision will have no financial impact on the Planning Division.