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Item 1.G.
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| City Council Regular | |
| Date: | 11/24/2025 |
| Title: | Popelka Commerce Center Subdivision - Exempt Plat |
| Presented by: | Hunter Kelly, Planner 1 |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-25-00041 |
RECOMMENDATION
City staff recommends the City Council approve the Amended Plat of Lots 3A-1A, 3A-4, and 3A-5, Block 1 of Popelka Commerce Center Subdivision, Second Filing.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On October 14, 2025, Sanbell, on behalf of the City of Billings submitted an exempt plat to the City Planning Division to relocate boundaries between Lots 3A-1A, 3A-4, & 3A-5 of Block 1 of Popelka Commerce Center Subdivision, 2nd Filing. The subject property is generally located on the northwest corner of the intersection of South Billings Boulevard and King Avenue East. Exempt plats do not typically require approval from City Council. Due to the vacation of easements and creation of additional easements as well as the City owning the property, it is required for the Mayor to sign the plat and associated easement documents. The request is not for City Council to determine whether the boundary line relocation is acceptable, but rather agree to vacation of the utility easement and trail easement, as well as establishment of the no-build easement and the new utility easement.
The relocation of the boundary lines is required in order to define the area being leased by Yellowstone Ice for the Signal Peak Energy Arena.
The No-Build Easements are required to extend 60’ from all exterior walls of the courts building and the ice arena to meet the building code requirements for an ‘unlimited area building.’ To achieve the square-footages for these buildings, there must be 60’ open yards maintained around the entire building (this is to create defensible space for fire-fighting access and reduce risk of fire spreading to the structure). Because there is less than 60’ to the property line, the 60’ no-build easement that extends onto the adjoining property meets the code intent. Alternatives would be to relocate the property line to 60’ from the buildings or move the buildings 60’ away from the property lines. After discussion with City Administration and the design team, the no-build easement was determined to be the most efficient solution.
The exempt plat also depicts the vacation of a utility easement and creation of a new utility easement. This aligns with the layout of the building and where the main water and sewer lines will run through the property. The relocation has been approved by the City Engineering Division.
Existing trail easements that aligned with the utility easement will be vacated. The layout of the new buildings along with existing sidewalk provides connectivity throughout the campus to the adjacent park. The vacation of the trail easement has been approved by the Parks Department.
The exempt plat has been reviewed and approved by City staff and meets the requirements of the exempt plat process outline in the Montana Subdivision and Platting Act, MCA 76-3-207(1)(d). These documents are appropriate as to form for filing with the Clerk and Recorder.
The relocation of the boundary lines is required in order to define the area being leased by Yellowstone Ice for the Signal Peak Energy Arena.
The No-Build Easements are required to extend 60’ from all exterior walls of the courts building and the ice arena to meet the building code requirements for an ‘unlimited area building.’ To achieve the square-footages for these buildings, there must be 60’ open yards maintained around the entire building (this is to create defensible space for fire-fighting access and reduce risk of fire spreading to the structure). Because there is less than 60’ to the property line, the 60’ no-build easement that extends onto the adjoining property meets the code intent. Alternatives would be to relocate the property line to 60’ from the buildings or move the buildings 60’ away from the property lines. After discussion with City Administration and the design team, the no-build easement was determined to be the most efficient solution.
The exempt plat also depicts the vacation of a utility easement and creation of a new utility easement. This aligns with the layout of the building and where the main water and sewer lines will run through the property. The relocation has been approved by the City Engineering Division.
Existing trail easements that aligned with the utility easement will be vacated. The layout of the new buildings along with existing sidewalk provides connectivity throughout the campus to the adjacent park. The vacation of the trail easement has been approved by the Parks Department.
The exempt plat has been reviewed and approved by City staff and meets the requirements of the exempt plat process outline in the Montana Subdivision and Platting Act, MCA 76-3-207(1)(d). These documents are appropriate as to form for filing with the Clerk and Recorder.
STAKEHOLDERS
A public hearing is not required for an exempt plat, as they are exempt from subdivision regulations. However, the City Council meeting is public and members of the public may attend the meeting and speak on this item during the public comment period.
ALTERNATIVES
The City Council may approve or deny the exempt plat displaying the boundary line relocation of Lots 3A-1A, 3A-4, & 3A-5 of Amended Plat of Lots 3A-1A, 3A-4, and 3A-5, Block 1 of Popelka Commerce Center Subdivision, Second Filing
If the City Council chooses to deny the exempt plat, the denial must be because the criteria is Section 76-3-207, MCA are not met. The criteria are as follows:
Staff findings are that the exempt plat is not evading the Montana Subdivision and Platting Act. The relocation of the lots is an acceptable use of the exemption and would not create a zoning violation.
If the City Council chooses to deny the exempt plat, the denial must be because the criteria is Section 76-3-207, MCA are not met. The criteria are as follows:
MCA 76-3-207(1) Except as provided in subsection (2), unless the method of disposition is adopted for the purpose of evading this chapter, the following divisions or aggregations of tracts of record of any size, regardless of the resulting size of any lot created by the division or aggregation, are not subdivisions under this chapter but are subject to the surveying requirements of 76-3-401 for divisions or aggregations of land other than subdivisions and are subject to applicable zoning regulations adopted under Title 76, chapter 2:
(d) for five or fewer lots within a platted subdivision, the relocation of common boundaries
Staff findings are that the exempt plat is not evading the Montana Subdivision and Platting Act. The relocation of the lots is an acceptable use of the exemption and would not create a zoning violation.
FISCAL EFFECTS
Approval or denial of the exempt plat will have no financial impact on the Planning Division.