On February 18, 2014, the Planning Division received an application for preliminary plat approval for North Pointe Square Subdivision, 2nd Filing. The plat contains 5 lots on approximately 4.8 acres of land on the west side of Highway 87 North, just north of the intersection with Highway 312 in the Heights.  The vacant property is zoned Highway Commercial, and commercial/retail uses are proposed.  This subdivision received preliminary approval for a similar proposal in October of 2008, but that approval has since expired. The owner is Vacant Land, LLC (Ernie Dutton, Managing Member), and the representing agent is Sanderson Stewart. 

In accordance with state law, the City Council has 35 working days to act upon this preliminary minor plat; the 35 working day review period for the proposed plat ends on April 7, 2014. State and City subdivision regulations also 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 or a longer period as agreed to by the developer and City, the City Council is required to:

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

If the City Council approves the preliminary plat, the subject property may further develop under private ownership, resulting in additional tax revenues.

General location:                                             Northwest corner of Highway 87 North, and Highway 312 in the Heights
 
Legal Description:                                           Tract 2-A-1 of Certificate of Survey 1965, Amended
 
Owner/Subdivider:                                          Vacant Land, LLC (Ernie Dutton, Managing Member)
 
Engineer and Surveyor:                                  Sanderson Stewart
 
Existing Zoning:                                              Highway Commercial (HC) 

Existing land use:                                            Vacant
 
Proposed land use:                                         Retail Commercial
 
Gross/net area:                                               4.8 acres/4.6 acres
 
Proposed number of lots:                                5
 
Lot size:                                                          Max:    44,934 square feet
                                                                        Min.:   35,341 square feet
 
Parkland requirements:                                   Parkland is not required as this is a minor commercial subdivision.

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the meeting.  The Planning Division has received no public comments or questions regarding the proposed subdivision.

Consistency with the Growth Policy, the Transportation Plan 2009 Update, the Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.