On February 16, 2010, the Planning Division received an application for a subsequent minor plat approval for Amended Lot 4-A, Block 5, Hogan Homestead Subdivision. The plat contains two lots on approximately 9.0 acres of land for commercial development. The proposed subdivision is located on the southeast corner of the intersection of King Avenue West and South 24th Street West. The lot currently is the site of Shopko. The owner is Spirit Spe Portfolio 2006-1, LLC, and the subdivider is Depierro Realty Advisors. The representing agent is Sanderson Stewart.

In accordance with state law, the City Council has 35 working days to act upon this subsequent minor plat; the 35 working day review period for the proposed plat ends on April 5, 2010. 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: Southeast corner of the intersection of King Avenue West and South 24th Street West

Legal Description: Lot 4-A, Block 5, Hogan Homestead Subdivision

Subdivider: Depierro Realty Advisors

Owner: Spirit Spe Portfolio 2006-1, LLC

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: Highway Commercial (HC)

Existing land use: Commercial – Shopko

Proposed land use: Commercial – Shopko, plus a restaurant

Gross area: 9.0 acres

Net area: 9.0 acres

Proposed number of lots: 2

Lot size: Max: 8.22 acres
Min.: 35,050 square feet

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 2005 Transportation Plan Update, and Heritage Trail Plan are discussed within the Findings of Fact attached to this report.