Staff recommends the City Council approve the preliminary plat extension request for Trails West Subdivision, 6th Filing.

On September 6, 2024, Sanderson Stewart on behalf of Dorn-Wilson Development applied for preliminary plat extension for Trails West Subdivision, 6th Filing. The subdivision received preliminary plat approval on December 16, 2019. They requested an extension of two years to the preliminary approval, which was granted on November 28, 2022. This put the final plat due date to December 16, 2024. The applicant is requesting an additional extension of one year for the Trails West Subdivision, 6th Filing. The new date for completion of the final plat, with the second extension, would be December 16, 2025. 

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.