Skyview Ridge Subdivision, 1st Filing is a 15-lot subdivision on approximately 63 acres of land, south of Wicks Lane, west of Governor's Boulevard, and north of Constitution and Kootenai Avenues in the Heights.  The property is part of a larger master planned area (288 acres in total) owned by the Montana Department of Natural Resources and Conservation (DNRC), and managed as school trust land. City Council approved the final plat of Skyview Ridge Subdivision, 1st Filing, on February 10, 2014. As DNRC is now preparing to auction off a portion of the subdivision for private development, it has discovered an omission in the phasing language found in the recorded Subdivision Improvements Agreement (SIA) and the associated Declaration of Restrictions on Transfers and Conveyances document (DRTC).  DNRC has requested minor changes to the original SIA and DRTC documents in order to ensure the ability to sell a portion of the property. Proposed changes can be found in the attachments to this report.

The City Subdivision Regulations, Section 23-1103, BMCC, describes the procedure for amending recorded SIAs and other supporting plat documents.  It indicates that after a request to amend a document is received and reviewed by affected agencies, the Planning Division shall submit a recommendation to the City Council.  The City Council may approve the request if it does not significantly alter the original approval and does not conflict with the review criteria set forth in the subdivision regulations.  

The City Council may:

• Approve the request to amend the SIA and DRTC documents for Skyview Ridge Subdivision, 1st Filing; or
• Deny the request to amend the SIA and DRTC documents for Skyview Ridge Subdivision, 1st Filing.

Approval of the amendments to the SIA and DRTC documents should not have any direct financial impact to the City.

Planning staff recommends that the City Council approve the request to amend the Subdivision Improvements Agreement and the Declaration of Restrictions on Transfers and Conveyances documents for Skyview Ridge Subdivision, 1st FiIing.