On February 3, 2014, the Planning Division received an application for preliminary plat approval for Amended Lot 4, Block 3, Hogan Homestead Subdivision. The plat contains 2 lots on approximately 5.5 acres of land on the northeast corner of the intersection of Overland Avenue and Creekside Road.  The property currently has a vacant building on it that was the former Carmike Theater.  The owner is Veeder Homestead, LLC f/k/a LADS Riverside LLC, and the representing agent is Sanderson Stewart.

In accordance with state law, the City Council has 35 working days to act upon this preliminary subsequent minor plat.  The 35 working day review period for the proposed plat ends on March 24, 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, 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:                                             Creekside Road and Overland Avenue.
 
Legal Description:                                           Lot 4, Block 3, Hogan Homestead Subdivision
 
Owner/Subdivider:                                          Veeder Homestead, LLC, f/k/a LADS Riverside LLC.
 
Engineer and Surveyor:                                  Sanderson Stewart
 
Existing Zoning:                                              Highway Commercial
 
Existing land use:                                            Old Carmike Theater Location
 
Proposed land use:                                         Professional Office Space
 
Gross/net area:                                               5.493 acres / 5.493 acres
 
Proposed number of lots:                                2
 
Lot size:                                                          Max:    2.85 acres
                                                                        Min.:   2.64 acres
 
Parkland requirements:                                   Parkland 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 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.