On September 15, 2011, the Planning Division received an application for preliminary plat approval for Amended Lot 2, Block 1, Midland Subdivision, 1st Filing. The plat contains two lots on approximately 19.5 acres of land for commercial development. The proposed subdivision is located on the north side of King Avenue West, just west of 24th Street West. The subject property is the site of the westend Wal-mart, and the purpose of this plat is to create a new out-lot to the south of Wal-mart. The owner is Wal-Mart Real Estate Business Trust, the subdivider is Premier Food Service, Inc., and the representing agent is Sanderson Stewart.

In accordance with state law, the City Council has 35 working days to act upon this subsequent minor preliminary plat; the 35 working day review period for the proposed plat ends on November 3, 2011. 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, the City Council is required to:
1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Plat

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

General location: On the north side of King Avenue West, west of 24th St. West.

Legal Description: Lot 2, Block 1, Midland Subdivision, 1st Filing

Owner/Subdivider: Wal-Mart Real Estate Business Trust
                               /Premier Food Service, Inc.

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: Controlled Industrial (CI)

Existing land use: Wal-mart shopping center

Proposed land use: Existing, plus restaurant

Gross/net area: 19.477 acres

Proposed number of lots: 2

Lot size: Max: 17.94 acres
               Min.: 1.53 acres

Parkland requirements: A parkland dedication is not required, as this is a commercial subdivision

A public hearing is not scheduled for the City Council meeting; however nearby property owners may attend the City Council 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, and Heritage Trail Plan are discussed within the Findings of Fact.