Staff recommends the City Council approve the preliminary plat extension request for Hunter's Pointe Subdivision.

On February 13, 2025, Derek Rindlisbacher on behalf of Bach Land and Development, requested a preliminary plat extension for Hunter's Pointe Subdivision. The subdivision received original preliminary plat approval on April 26, 2021. The preliminary plat would have expired on April 26, 2024. On January 22, 2024, Shaun Athey on behalf of Bach Land and Development, requested a preliminary plat extension for Hunter's Pointe Subdivision. The request was granted for a one year extension of the preliminary approval. The new date for completion of the final plat with the most recent extension is April 26, 2025.
 
Bach Land and Development is requesting an additional extension of one year of the preliminary plat to April 26, 2026 for final plat. The applicant states that their construction loan was initiated for the entire property. They would be unable to record the plat until construction is further along to avoid banking complications. 

The City Council may approve or disapprove of the preliminary plat extension request of Hunter's Pointe Subdivision. 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. The governing body may issue more than one extension per BMCC 23-302. 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.

See attachment Extension Review Criteria which reviews the above seven criteria.

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 final plat approval for the Hunter's Pointe Subdivision Preliminary Plat.

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