Staff recommends to the City Council that the preliminary plat of Homestead Acres be conditionally approved and the Findings of Fact adopted as presented in the staff report.

The applicant is requesting to create a 5-lot commercial development north of Grand Avenue and east of 56th Street W. Staff has found there are minimal impacts from this proposed subdivision, and is forwarding a recommendation of conditional approval.

On August 15, 2025, Sanbel, on behalf of Grand Avenue, LLC., applied for preliminary minor plat approval for Homestead Acres. The proposed subdivision creates five (5) lots for development. The subject property is generally located north of Grand Avenue and east of 56th Street W. The property is zoned CMU1 - Corridor Mixed-Use 1. The land is currently vacant. The property was officially annexed on October 13, 2025, with the Annexation Agreement subsequently approved by the City Council on December 8, 2025.

VARIANCES
No variances are requested.

PROPOSED CONDITIONS OF APPROVAL

1. To minimize the effects on local service prior to final plat approval, the applicant will coordinate with the USPS to determine what type of delivery system is preferred and to locate and provide the correct amount of space for safely delivering the mail to the residents.
2. Minor changes may be made in the Subdivision Improvements Agreement (SIA) and final documents, as requested by the Planning, Legal, or Public Works Departments to clarify the documents and bring them into the standard acceptable format.
3. The final plat shall comply with all requirements of the City of Billings Subdivision Regulations, rules, regulations, policies, and resolutions of the City of Billings, and the laws and Administrative Rules of the State of Montana.
4. To ensure public health and safety, on the face of the final plat, the portion of Lot 1, Block 2 that is north of the 25' wide reciprocal access easement between the Homestead Acres and Lot 3 of MK Subdivision, as shown on the plat, shall be dedicated as part of the right-of-way of the street labeled Harvey Park Drive.

PROCEDURAL HISTORY
Pre-Application Meeting: June 12, 2025
Preliminary Plat application submitted to Planning Division: August 15, 2025
Preliminary Plat to City Council: October 13, 2025
35 Working-Day Preliminary Plat Review period ends: October 6, 2025

• The applicant requested a time extension of the review period in order to secure an access easement with an adjacent property owner to better mitigate the traffic concerns.

PLAT INFORMATION
General Location: north of Grand Avenue and east of 56th Street W,
Legal Description: Lots 66A1 and 67A1 of the Amended Plat of Lots 66A and 67A, Sunny Cove Fruit Farms located in the SE1/4 of S31, T1N, R25E according to the official plat on file in the office of the clerk and recorder of Yellowstone County, Montana, under Document No. 4086208.
Owner/Subdivider: Grand Avenue, LLC.
Engineer/Surveyor: Sanbel
Existing Zoning: CMU1 - Corridor Mixed-Use 1 
Existing Land Use: vacant land
Proposed Zoning: CMU1 - Corridor Mixed-Use 1 
Proposed Land Use: Commercial
Gross & Net Area: 12.89 ac / 11.02 ac
Lot Size:  Parkland Requirements: None, commercial subdivision
 

The preliminary plat of this subdivision will have no financial impact on the Planning Division.

As of the writing of this report the Planning Division has received no public comment.

In accordance with state law, the City Council has 35 working days to act upon this minor preliminary plat, however, the Applicant requested a time extension of the review period in order to an access easement with an adjacent property owner to better mitigate the traffic concerns. The review period for the proposed plat ends March 9, 2026. State and City subdivision regulations also require that preliminary plat be reviewed using specific criteria, as stated within this report. The City may not unreasonably restrict an owner's ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated. Within the review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat