Staff proposes the Planning Board recommend to the Billings City Council and Yellowstone County Board of Commissioners that the preliminary plat of Yellowstone Club Estates, 8th Filing be conditionally approved, the variances accepted, and the Findings of Fact adopted as presented in the staff report.

On May 1, 2026, Performance Engineering, on behalf of 22500 NOL, LLC (DBA Yellowstone Country Club), applied for preliminary subsequent major plat approval for Yellowstone Club Estates, 8th Filing. The proposed subdivision creates nine (9) lots for development. The subject property is generally located near Tommy Armour Circle & Ben Hogan Lane. The property is zoned N3 – Suburban Neighborhood Residential for Lots 2-8 within the city, and P1- Parks and Open Space for Lots 1 and 9 within the county. The land is currently vacant land.

This subdivision is a dual-jurisdiction application. Lots 2-8 have been annexed into the City of Billings via a previous application, and Lots 1 and 9 will remain in Yellowstone County. The property also has an existing agricultural covenant. The agricultural covenant will be modified to remove Lots 2-8 which are within the City of Billings and will contain only Lots 1 and 9. 

VARIANCES
One (1) variance has been requested. The applicant is requesting a variance from Section 23-406.C.1 of the City of Billings Subdivision regulations, and Section 4.6.D of the Yellowstone County Subdivision Regulations, which requires new subdivisions to comply with the currently adopted Active Transportation Plan. The plan currently depicts a multi-use trail in the vicinity of Lots 2 and 3 of the proposed subdivision. That specific area of land contains topographic constraints, including slopes approaching 50% and elevation differences ranging from approximately 18 to 22 feet. Staff is recommending approval of the variance, based on the following criteria:

1. The granting of the variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties.
   • The proposed trail on the Active Transportation Plan does not have a significant or developed connection adjacent to the subject property. This variance does not remove the requirement for a trail connection altogether, but would simply delay the connection and adjust the location of the connection for future development.
2. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result if the strict letter of the regulation was enforced.
   • The area designated for a trail connection as-written contains changes in grade approaching 50%, with sudden elevation changes ranging from 18 to 22 feet high. Current road and trail development standards limit grades for a given road to approximately 12%. (See grading map on the applicant's request letter)
3. The variance will not result in an increase in taxpayer burden.
   • Since this variance would delay the construction and future maintenance of a trail network, it will not increase taxpayer burden.
4. The variance will not in any manner place the subdivision in non-conformance with any adopted zoning regulations or Growth Policy.
   • The delay of the connection to the trail network would not place this subdivision in conflict with the 2016 Growth Policy.
5. The subdivider must prove that the alternative design is equally effective, and the objectives of the improvements are satisfied.
   • The SIA included provisions that ensure the trail network will be constructed as part of future development on Lot 1 or Lot 9.

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. To minimize the effects on the natural environment, a weed management plan shall be completed on Lots 1 and 9. 
3. Minor changes may be made in the SIA and final documents, as requested by the City-County Planning Department, City and County Public Works, and City and County Legal Departments to clarify the documents and bring them into the standard acceptable format.
4. The final plat shall comply with all requirements of the City of Billings and Yellowstone County Subdivision Regulations, as well as all rules, regulations, policies, and resolutions of the City of Billings, Yellowstone County, and the laws and Administrative Rules of the State of Montana.

PROCEDURAL HISTORY
Pre-Application Meeting: April 2, 2026
Preliminary Plat application submitted to Planning Division: May 1, 2026
Departmental Review Meeting: May 15, 2026
Preliminary Plat Resubmittal: May 22, 2026
Planning Board Plat Review: June 9, 2026
Planning Board Public Hearing: June 23, 2026
Preliminary Plat to Board of County Commissioners: July 21, 2026
Preliminary Plat to City Council: July 27, 2026
60 Working-Day Preliminary Plat Review period ends: July 28, 2026

PLAT INFORMATION
General Location: near Tommy Armour Circle & Ben Hogan Lane
Legal Description: Agricultural Tract 11-A-2 of the amended Tract 11-A of the Remainder of Tract 11 of Certificate Of Survey No. 836 located in the N1/2 of Section 30, Township 01 North, Range 25 East, P.M.M., Yellowstone County, Montana
Owner/Subdivider:  22500 NOL, LLC (DBA Yellowstone Country Club)
Engineer/Surveyor: Performance Engineering
Existing Zoning: N3 – Suburban Neighborhood Residential and P1- Parks and Open Space
Existing Land Use: Vacant Land
Proposed Zoning: N3 – Suburban Neighborhood Residential and P1- Parks and Open Space
Proposed Land Use: Residential
Gross & Net Area: 84.04 Acres
Lot Size:  Parkland Requirements: 0.55 Acres, provided through Cash-in-lieu contribution

This subdivision is not subject to the Billings 2045 Land Use Plan and Future Land Use Map as it was submitted prior to adoption or effective dates of the new land use regulations. Incidentally, this request matches the Future Land Use Map designations for this area as Urban Residential Limited. Applications that will be subject to the new regulations, Plan and Map will be processed after July 1, 2026.

There are no stakeholder responses at this time. Stakeholder input will be received at a public hearing scheduled for this subdivision on June 23, 2026.

June 9 Planning Board Discussion
Planning staff gave a presentation regarding the subdivision, and then yielded the floor for questions. Board Member Staley asked about the possible water and wastewater connections for Lots 1 and 9, the lots remaining in the County. Staff responded by reiterating that those lots will be put under an agricultural covenant, and coordination with county staff concluded that any development of these lots in the future would likely require annexation into the city, so requiring connections and improvements as part of this subdivision would not make sense given the future potential for annexation. The Board had no more questions for staff, and invited the applicant's agent, Taylor Kasperick, to speak on the item. Mr. Kasperick stated he had no additional input regarding the proposal, but is available for any questioning. The Board did not have any questions. The Board then closed the discussion.

In accordance with state law, the City Council and the Board of County Commissioners has 60 working days to act upon this major preliminary plat. The 60-working day review period for the proposed plat ends July 28, 2026. State, City, and County subdivision regulations also require that preliminary plat be reviewed using specific criteria, as stated within this report. The City nor the County may unreasonably restrict an owner's ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated. Within the 60 working day review period, the City Council and Board of County Commissioners are required to:

• Approve;
• Conditionally Approve; or
• Deny the Preliminary Plat

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

One of the purposes of the City's and County's subdivision review process is to identify potential negative effects of property being subdivided. Negative effects that are identified become the subdivider's responsibility to mitigate. Various City and County departments, private service/utility providers and the affected school district/s, have reviewed this application and provided input on effects and mitigation.  The Findings of Fact, which are presented as an attachment, discuss potential negative impacts of the subdivision and conditions of approval are recommended as measures to further mitigate any impacts. In this case, there were found to be minimal impacts from this proposed subdivision.