Staff recommends the Planning Board recommend to City Council that the preliminary plat of 44 West Subdivision, 3rd Filing, be conditionally approved and the Findings of Fact adopted as presented in the staff report.

On May 1, 2026, Performance Engineering applied for preliminary major plat approval for 44 West Subdivision, 3rd Filing. The proposed subdivision creates 23 lots for residential development. The subject property is generally located south of Central Avenue, and west of Twin Pines Townhomes. The property is zoned NX1 Mixed Residential 1 (1 to 4 units) for residential uses.

VARIANCES
No variances have been requested: 

PROPOSED CONDITIONS OF APPROVAL 

1. Minor changes may be made in the 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.
2. 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.

PROCEDURAL HISTORY
Pre-Application Meeting: April 2, 2026
Preliminary Plat application submitted to Planning Division: April 2, 2026
Departmental Review Meeting: May 14, 2026
Preliminary Plat Resubmittal: May 21, 2026
Planning Board Plat Review: June 9, 2026
Planning Board Public Hearing: June 23, 2026
Preliminary Plat to City Council: July 27, 2026
60 Working-Day Preliminary Plat Review period ends: July 28, 2026

PLAT INFORMATION
General Location: South of Central Avenue, and west of Twin Pines Townhomes
Legal Description: Being Lot 28, Block 2 of the 44 West Subdivision, 2nd Filing
Owner/Subdivider:  McCall Development, Inc.
Engineer/Surveyor: Performance Engineering 
Existing Zoning: NX1
Existing Land Use: Agricultural land
Proposed Land Use: Residential
Gross Area: ± 2.48 Acres
Lot Size:  Parkland Requirements: Parkland dedication requirement for this filing is 0.33 acres. Previous dedication with previous filings were greater than the required 2.36 Acres. Total parkland requirement to this point is 2.19 acres. The applicant will not be providing additional parkland with this submittal.

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.

Traffic Impact Study 
A traffic accessibility study has been completed for the 44 West Subdivision, 1st through 3rd Filings. All required intersection improvement contributions identified therein shall be completed by the Subdivider at the their expense. The percent of traffic contributions to the following intersections shall be in accordance with the traffic accessibility study which includes the 3rd filing:

a. S. 48th and Central – 0.20%
b. Shiloh and Broadwater – 0.40%
c. Shiloh and Central – 1.40%
d. Shiloh and Monad – 0.30%
e. Central and S 44th West – 2.10%

The cash contributions shall be based on the percent of traffic contributions to the intersections based on the total cost of an intersection as determined by City Engineering for the year in which the contribution is made. These cash contributions for the intersection improvement will be made prior to final plat approval.

A left turn lane on Central Avenue at the Double Haul Lane intersection is required to be constructed with this subdivision, 44 West Subdivision, 3rd Filing.

 

At the Planning Board discussion meeting held June 9, 2026, staff gave a brief overview of the proposed subdivision. After the presentation, staff stood for any questions the board members might have. There were none. The board also had no questions for Mr. Craig Dalton, agent.

Stakeholder input will be received at a public hearing scheduled for this subdivision on June 23, 2026. 

In accordance with state law, the City Council 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 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 60 working day review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. 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 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 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.