On November 2, 2009, owner, Sam’s Real Estate Business Trust, applied for preliminary subsequent minor plat approval for Miller Crossing Subdivision, 3rd Filing. The proposed subdivision contains two lots on approximately 14.36 acres of land. The subject property is located on the southwest corner of King Avenue East and Orchard Lane. The property is zoned Entryway General Commercial (EGC) and is currently the site of the nearly completed Sam’s Club store. Sanderson Stewart is the representing agent. The City Council will review the preliminary plat, and approve, conditionally approve, or deny the proposal at the December 14, 2009, meeting.

State and City subdivision regulations require that preliminary plats 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 35 day review period, the City Council is required to:

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

Upon completion of the development of the property, additional tax revenue may be generated for the City.

On November 2, 2009, owner, Sam’s Real Estate Business Trust, applied for preliminary subsequent minor plat approval for Miller Crossing Subdivision, 3rd Filing. The proposed subdivision contains two lots on approximately 14.36 acres of land. The subject property is located on the southwest corner of King Avenue East and Orchard Lane. The property is zoned Entryway General Commercial (EGC) and is currently the site of the nearly completed Sam’s Club store. Sanderson Stewart is the representing agent. The subject property is also part of the South Billings Boulevard Tax Increment Finance District (TIFD).

General location: South side of King Avenue East on the west side of Orchard Lane

Legal Description: Lot 2A-4, Block 1, of Amended Plat of 2A, Block 1, of Amended Lots 2-5, Block 1, of Miller Crossing Subdivision

Subdivider/ Owner: Sam’s Retail Business Trust

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: EGC

Existing land use: Commercial—Sam’s Club

Proposed land use: Commercial

Gross area: 14.355 acres

Net area: 14.355 acres

Proposed number of lots: 2

Lot size: Max: 13.049 acres
Min.: 1.306 acres

Parkland requirements: There is no parkland dedication required for commercial subdivisions

A public hearing is not required for minor subdivisions. However, any interested party may review the proposal and make comments. The Planning Division has received no public input on this proposal at the time this staff report was completed.

Consistency with the Growth Policy, the 2005 Transportation Plan Update, and Heritage Trail Plan are discussed within the Findings of Fact (Attachment 2).