Loading...
HomeMy WebLinkAboutA004 - Council Action Form dated October 8, 1991 ITEM #: DATE: 1 08/91 COUNCIL ACTION FORM SUBJECT: Motion to Set October 22, 1991 as the date of Public Hearing to Consider a Request for the Rezoning of Property Generally Located West of 24th Street and South of County Road R-50, Described as Northridge Parkway Subdivision (9th - et sequentia). ACTION FORM SUMMARY: This is a request to approve a rezoning petition for the proposed Northridge Parkway Subdivision (9th - et sequentia). The proposed rezoning proposal conforms to the LUPP Map for this area. The Planning and Zoning Commission and staff recommend approval of the request with the conditions specified in this report. BACKGROUND: Rezoning Request. Existing Zoning Proposed Zoning Number of Acres R-2 (PUD) R1-6 (Low-Density Residential 105.0746 Acres R-2 (PUD) R-3 (Medium-Density Residential) 39.1646 Acres R-2 (PUD) P-C (Planned Commercial) 2.2706 Acres 146.5098 Acres Zoning History. This property is zoned R-2 (Low-Density Residential) in 1979 at the time the property was, annexed to the City. At that time, a PUD concept plan was approved for the site which permitted an overall density of 6.1 units/acre, and included single family detached lots, lots for single family attached units and designated for multiple family develop- ment. The developers have filed a petition for rezoning the entire site from R-2 to R1-6 for Lots 6-205, from R-2 to R-3 for Lots 2-5 and R-2 to P-C for Lot 1. The possible future school site, which is located on proposed Lot 5, is included in the rezoning to R-3. 2 ANALYSIS: Eidsting Land Use/Zoning. Location Land Use Zoning Subject Property Agricultural R-2 (PUD) North of Site Agricultural A-1 (Agriculture) (Story County) East of Site Agricultural A-1 (Agriculture) (Story County) South of Site Single-Family Res. R1-6 West of Site Agricultural A-1 (Agriculture) (Story County) Land Use Policy Plan (LUPP). The LUPP Map designates this property as suitable for Medium-Density and Low-Density Residential development. A low-density residential designation allows between one (1) and nine (9) units per acre. A medium-density designation allows ten (10) to twenty- two (22) units per acre. A commercial area is shown on the LUPP Map in the vicinity of this pro- posed subdivision. This is intended to be a "neighborhood commercial" area to serve the needs of residents in the northwest sector of the community. The following goals and policies of the Land Use Policy Plan apply to this rezoning proposal: B. RESIDENTIAL B.1 GOAL: To provide a wide choice of housing types and locations to serve the residential needs of the present and future popula- tions. B.1.1. Policy• The Land Use Policy Plan will serve as the basis to provide for functional new developments, conservation and preservation of existing neighborhoods and the rehabilitation and/or rede- velopment of deteriorating areas. - The Planning and Zoning Commission plays a key role in the review of new developments including both internal and external land use relationships. This role places the Commission in the position to direct the type and quality of new development. The Commission plays a similar role regarding existing neighborhoods. Through the recommendation of modifi- cation in existing ordinances and approval of redevelop- ment studies, the Commission provides direction for preservation and redevelopment efforts. 3 B.1.2. Policy: New housing development will be located adjacent to existing development to better utilize existing public facilities and to ensure the orderly growth of the community. - This is accomplished by adherence to the City Council policy that no development outside the corporate limits will be served by public utilities. Identification of areas suitable for residential development in proximity to existing development can be accomplished through the Land Use Policy Plan. C. COMMERCIAL C.1. GOAL: To create opportunities for the expansion of business in appropriate areas while maintaining the usefulness and vitality of existing commercial development. C.1.4 Policy: Adequate land will be designated for future community-oriented and neighborhood-oriented commercial development. G. NATURAL ECOLOGICAL SYSTEMS G.1. GOAL: To preserve the natural environment through the proper allocation of uses of land to assist in maintaining an ecological balance between the activities of man and the environment. G.1.1. Policy: The natural character of stream slopes and valleys, areas of natural beauty, and historical, geological and archeological sites of significance in the Ames area will be preserved. - This can be accomplished through preparation of a natural resources inventory and prioritization of areas to be preserved and protected. Once those areas are identified, methods of accomplishing preservation should be adopted by the City. The inventory should be prepared by the Planning and Housing Department and the Parks and Recreation Department. 4 Utilities. The utilities available to serve this site are adequate for the project's needs. Water. Existing - 8-inch main in Ridgetop Road 8-inch main in Valley View Road Proposed - 16-inch main in R-50 to be constructed by the City 8-inch mains to be constructed in all rights-of-way within the subdivision Sanitary Sewer. Existing - 15-inch sanitary sewer main in Valley View Road Proposed - Extension of the 15-inch sanitary main generally in a northerly direction to proposed Lot 4 and then westerly to Bayberry Circle 8-inch sanitary sewer main to serve lots within the subdivision Storm Sewer. Existing - 48-inch storm sewer in Valley View Proposed - A storm water drainage system has been designed that will drain the south one-third of the site to the 48-inch storm sewer in Valley View Drive. The west portion of the site is drained to west through an outlet between proposed Lots 53 and 54, and the north part of the site is drained to the northwest to a storm water detention area located on proposed Lot 3. Electric. There is adequate electric capacity to serve the site. 5 Comparison of Bulk Regulations. P-C R-3 R1-6 Planned Commercial Medium-Density Residential Low-Density Residential Lot Area: Council Approval S.F. : 6,000 sq. ft. S.F. : 6,000 sq. ft. Required T.F. : 7,000 sq. ft. T.F. : 7,000 sq. ft. Lot Width: Council Approval 35 feet @ street line 35 feet @ street line Required 50 feet @ building line 50 feet @ building line Front Yard: Council Approval 25 feet minimum 25 feet minimum Required Rear Yard: Council Approval 25 feet minimum 20 feet minimum Required Side Yard: Council Approval 6 feet - 1 story 6 feet - 1 story Required 8 feet - 2 stories 8 feet - 2 stories 10 feet - 3 stories 10 feet - 3 stories 15 feet - street side 15 feet - street side for corner lot for corner lot Max. Height: Council Approval 4 stories or 50 feet 3 stories or 40 feet Required Proposed Permitted Uses for P-C Area. The developer of the proposed P-C (Planner Commercial) property proposes the following list of intended land uses: Service Station; Retail; Office; Grocery; and, Restaurant. Staff believes that permissible uses for this P-C property should include the following: Convenience Store with Fuel Pumps, and Dry Cleaners. 6 Staff proposed the following list of impermissible uses: Apothecary Shop Barbershop Beauty Shop Business Office Dwelling Gasoline Service Station (excluding Convenience Store with Fuel Pumps) Grocery, fruit or vegetable store Hotel/Motel Professional Office Restaurant Retail Store (for specific and general merchandise)(excluding Dry Cleaners) Studio -- photography, artist, dance or musician Staff believes that the neighborhood commercial areas are intended for use by persons who live in the immediate vicinity. Such commercial develop- ments are not designed to attract customers from other parts of the community. Unrestricted use of P-C districts for retail, restaurant, and office devel- opments is contrary to LUPP policies for neighborhood commercial areas. At the Planning and Zoning Commission meeting of September 18, 1991, the Commission directed that the permitted uses be limited to convenience stores only. Cultural Resource Survey. An archeological survey of the area included in this proposed subdivision has been completed by consultants retained by the subdividers. The agreement called for soil probing and shovel-assist- ed survey in the western portion of the project area, which is primarily under forest and dense grass ground cover. The eastern portion of the project area, most of which is presently under cultivation for row crops, was inspected via an archeological surface reconnaissance to ascertain whether truncated burial mounds and/or domestic settlement areas were present. The shovel-assisted survey of the wooded portion of the project area resulted in the discovery of a flat burial, designated 13SR19. (See the attached map.) The surface reconnaissance survey of the cultivated area resulted in the discovery of two archeological sites, one prehistoric Indian habitation area (13SR20) and one historic Euro-American Farmstead (13SR21). (See the attached map.) 7 Recommendations by the surveyors are as follows: 1. The flat burial site (13SR19) should be deleted from the construction plans and preserved along the lines stipulated for 13SR18. Site 13SR18 is the burial mound discovered in the Northridge Subdivision south of this site. The State Archeologist has determined that the development plans for that particular Northridge lot must avoid the destruction of the burial mound and the human remains it contained. The final decision on this matter rests with the State Archeologists and the American Indian Advisory Committee. NOTE: A telephone conversation with the State Archeologist on August 15th indicates that site 13SR19 must be restricted in a manner similar to 13SR18. 2. That development plans be allowed to proceed if provisions are made for the archeological monitoring of earth-moving activities on the higher topographic features along the ridge. 3. A consideration should be given to deleting site 13SR20 from the development plans since important prehistoric cultural remains may be preserved at this locus. If that alternative is not possible, provision should be made for additional surface reconnaissance and sub-surface testing to determine the significance of the site and its eligibility for inclusion on the National Register. 4. If the development plans call for the destruction of 13SR21, it is recommended that provisions be made for additional surface collec- tions and archival research to determine more fully the historical significance of the site. It is possible that this work could be undertaken by an anthropology student interested in registering for a Special Topics course assignment. Minimal funding would be needed to defray laboratory analysis of the artifacts and transporta- tion costs associated with the archival research. In response to the findings from the archeological survey, the developers have agreed to a Conservation and Preservation Easement as a means of preserving the prehistoric American Indian burial site. In addition, permission has been granted to Iowa State University staff and students, under their supervision, to research a 10 acre section of land in the northwest corner of the proposed subdivision for any archeological finds. This permission has been granted for a period of two years. Although the surveyor has also identified a Euro-American Farmstead, City staff believes the significance of this site does not warrant preservation efforts by the City since the consultant's report indicates the site was used into at least the 19601s. A separate survey of prairie remnants was conducted and identified two prairie grass areas in the northwest corner of the proposed subdivision. These prairie areas are included inside the boundaries of the proposed Conservation and Preservation Easement. 8 STAFF COMMENTS: At the Planning and Zoning Commission meeting of August 21, 1991, the Commission requested further clarification on a number of issues prior to making a decision on the Conceptual Development Plan (CDP) and rezoning proposal for Northridge Parkway Ninth et Sequentia. The first issue was drainage and slope concerns on the site. The devel- opers have reviewed the storm water management proposal for this proper- ty, and they have revised the storm water management plan to eliminate the pipe discharge to the west. The new plan will take water from the proposed developed areas either to the storm water detention site shown on proposed Lot 3 on the north edge of the site or to 48-inch storm sewer in Valley View Road on the south edge of the development. The proposal for storm water management will divert storm water from some of the area along the ridge to a detention basin that is proposed on Lot 3. The storm water management proposal is to release the storm water from this deten- tion basin at a rate that is no greater than the rate of flow prior to development. This proposal meets the normal storm water management standard of the City. The staff and the Planning and Zoning Commission find this ap- proach acceptable however, the staff is not certain that this proposal, which meets the City's standard, will be acceptable to the adjacent land- owner who owns the property across which this storm water must flow. Concern had also been expressed about the existence of natural springs along the west slopes of the site. The developers are agreeing to a Con- servation and Preservation Easement for the west slope of the site which will not permit any disturbance to this area. As a result, the natural springs should not be disturbed within these slopes. This meets with Planning and Zoning Commission approval. There have been several archeological concerns expressed on this site including the identification of one burial mound known as site 13SR19, and the potential for a second burial mound known as site 13SR23. In order to prevent possible disturbance to either of these sites, the developers have included their locations within the proposed Conservation and Preservation Easement area. (A copy of the proposed Conservation and Preservation Easement document is attached for your information.) This document has been developed by the City and has been submitted to the developers. Cost estimates were received for the further archeological work that was suggested to the developers. It has been suggested that monitoring of excavation for street construction and utility installation should be done along the west ridge, as well as, monitoring of the excavation of founda- tions for homes on the lots along that ridge. The estimate of that moni- toring could cost approximately $25 to $30 per hour. Goldenrod Circle, which is the cul-de-sac that penetrates the ridge most significantly, would require approximately 80 hours of excavation time for street grading and the excavation of utility trenches. Assuming a monitoring cost of $30 per hour, the total cost for monitoring Goldenrod Circle would be $2,400. Ridgetop Road and the two other cul-de-sacs, Balsam Circle and Alderwood Circle, do not appear to penetrate the area where burial mound locations would be likely, and therefore may not require monitoring. 9 Approximate cost for further exploration of the prehistoric village site, located on the northwest corner of the site, would be between $2,000 and $3,000. As mentioned in this report, the developers have agreed to grant permission for research of this site for a period of two years from the approval of the Conceptual Development Plan. As of this writing, no funding sources for this exploration have been identified. The Planning and Zoning Commission advises that the City or the State Archeologist be responsible for further costs associated with Archeological monitoring. The staff continues to believe that the Euro-American (farmstead site) does not have a high level of significance, however, the developers have agreed to allow recovery of artifacts in a timely manner from this site as a student project. As mentioned above, the City staff has developed a Conservation and Preservation Easement for a significant portion of the west ridge on this site. This area, which is shown on the attached CDP, includes the two prairie grass sites; site 13SR19, the identified burial mound; site 13SR23, the possible burial mound site, and the trees along the west side of the slope. The terms of this easement restricts disturbance to the wooded area, burial sites, and the prairie grass areas while permitting some access for necessary work to maintain the prairie and woodland. The City is a party to the easement and is defined as the grantee. (See attached proposed Conservation and Preservation Easement.) The Planning and Zoning Commission recommended that the proposed Conservation and Preservation Easement be used as a means to protect these natural resource areas. The Commission also directed that some form of relaxing of the easement be included in the final document. The staff has since worked with the developers to finding ways to relax the easement. The following items are a result of that effort. 1. Moving soil to control erosion; 2. Defining what constitutes good husbandry practices; and 3. Allowing the construction of fences, deck and/or gazebos made of post and beam construction and not exceeding 250 square feet in area. The following stipulations need to be included as part of the approval of the proposed rezoning: 1. That the developers of the proposed subdivision grant permission for the Iowa State University staff and/or students to research an area of approximately 10 acres in the northwest corner of Northridge Parkway Subdivision (9th et sequentia) for any archeological finds for a period of two years from the date of approval of the Conceptu- al Development Plan for this subdivision. Evidence of this permis- sion must be provided to the City prior to the approval of the Administrative Plat. 10 2. The Final Plat of Northridge Parkway Subdivision (9th et sequentia) must conform to the proposed zoning boundaries. 3. That the developers agree to the terms of a Conservation and Preservation Easement which will restrict removal, destruction and cutting of trees within the easement area; protect the identified and potential burial sites; and preserve and maintain the prairie grass areas. A recorded copy of the easement must be provided to the City prior to the approval of each Administrative Plat included in this subdivision. No building permits will be issued before the City has received a recorded copy of this easement. 4. That the following list of impermissible uses be approved as part of rezoning the proposed commercial land to P-C (Planned Commercial) : Apothecary Shop Barbershop Beauty Shop Business Office Dwelling Gasoline Service Station (excluding Convenience Store with Fuel Pumps) Grocery, fruit or vegetable store Hotel/Motel Professional Office Restaurant Retail Store (for specific and general merchandise)(excluding dry cleaners) Studio -- photography, artist, dance or musician ALTERNATIVES: 1. The City Council can approve of the the rezoning request for land generally located west of 24th Street and south of County Road R-50 from R-2 (PUD) to R1-6, R-3, and P-C with the stipulations listed as recommended by the Planning and Zoning Commission, and set October 22, 1991 as the date of public hearing to consider this request. A. That the developers of the proposed subdivision grant permis- sion for the Iowa State University staff and/or students to research an area of approximately 10 acres in the northwest corner of Northridge Parkway Subdivision (9th et sequentia) for any archeological finds for a period of two years from the date of approval of the Conceptual Development Plan for this subdivision. Evidence of this permission must be provided to the City prior to the approval of the Administrative Plat. B. The Final Plat of Northridge Parkway Subdivision (9th et sequentia) must conform to the proposed zoning boundaries. C. That the developers agree to the terms of a Conservation and Preservation Easement which will restrict removal, destruction ' 11 and cutting of trees within the easement area; protect the identified and potential burial sites; and preserve and maintain the prairie grass areas. A recorded copy of the easement must be provided to the City prior to the approval of each Administrative Plat included in this subdivision. No building permits will be issued before the City has received a recorded copy of this easement. D. That the following list of impermissible uses be approved as part of rezoning the proposed commercial land to P-C (Planned Commercial): Apothecary Shop Barbershop Beauty Shop Business Office Dwelling Gasoline Service Station (excluding Convenience Store with Fuel Pumps) Grocery, fruit or vegetable store Hotel/Motel Professional Office Restaurant Retail Store (for specific and general merchandise) Studio -- photography, artist, dance or musician 2. The City Council can approve of the the rezoning request for land generally located west of 24th Street and south of County Road R-50 from R-2 (PUD) to R1-6, R-3, and P-C with the stipulations listed as recommended by staff, and set October 22, 1991 as the date of public hearing to consider this request. A. That the developers of the proposed subdivision grant permis- sion for the Iowa State University staff and/or students to research an area of approximately 10 acres in the northwest corner of Northridge Parkway Subdivision (9th et sequentia) for any archeological finds for a period of two years from the date of approval of the Conceptual Development Plan for this subdivision. Evidence of this permission must be provided to the City prior to the approval of the Administrative Plat. B. The Final Plat of Northridge Parkway Subdivision (9th et sequentia) must conform to the proposed zoning boundaries. C. That the developers agree to the terms of a Conservation and Preservation Easement which will restrict removal, destruction and cutting of trees within the easement area; protect the identified and potential burial sites; and preserve and maintain the prairie grass areas. A recorded copy of the easement must be provided to the City prior to the approval of each Administrative Plat included in this subdivision. No building permits will be issued before the City has received a recorded copy of this easement. 12 D. That the following list of impermissible uses be approved as part of rezoning the proposed commercial land to P-C (Planned Commercial): Apothecary Shop Barbershop Beauty Shop Business Office Dwelling Gasoline Service Station (excluding Convenience Store with Fuel Pumps) Grocery, fruit or vegetable store Hotel/Motel Professional Office Restaurant Retail Store (for specific and general merchandise)(excluding dry cleaners) Studio -- photography, artist, dance or musician 3. The City Council can recommend denial of the rezoning request for land generally located west of 24th Street and south of County Road R-50 from R-2 (PUD) to 111-6, R-3, and P-C. 4. If the City Council believes that the Conservation and Preservation Easement prepared by City staff does not go far enough in accomplishing the policy of preservation contained in the Land Use Policy Plan, the City Council should direct that the easement document be revised to be more restrictive and better accomplish the preservation of this area. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve of the rezoning request for the land generally located west of 24th Street and south of County Road R-50 from R-2 (PUD) to 111-6, R-3, and P-C with the stipulations listed above and set October 22, 1991 as the date of public hearing to consider this re- quest. The development of the Conservation and Preservation Easement proved to be the most difficult task associated with preparing a recommendation for this project. Originally the staff had created a document which was more restrictive than the one that is attached. The developers strongly disagreed with our attempt to place restrictions on private property and the Planning and Zoning Commission requested that we "relax" our restrictions prior to bringing this matter before the City Council. We therefore were faced with the challenge of how to accomplish the preservation policies contained in the Land Use Policy Plan in the absence of any specific policy direction from the City Council. The attached easement agreement represents a substantial level of compromise by the City staff and developers. Some could argue this agreement is far less restrictive than is required to adequately preserve the woodland area, 13 while others may argue it is far too restrictive. Attachment y\bpo\caf\northrdg.o08 957 '9691961 ; o ' PROJ CT 1 - RE A- A , 954 �� 1t 411 - '� i Alt •'�L � `� '� :!f .1 I - ;8::': ;• --- �� 1. mptn4 Icy' !3Vp�u tation 1 :i 1_ /%— 920 1.j. ��'r i= ,1 i•i �;�$ eenke Memorial ' •:<<= :• /.� Golf Course Q;r • 'i;: ,�— 967 7 ....... ••••• I.•IIIIf .. K — — ••I �. - I .1(.( ( �O lot i t ZSQQ it. 1 SCALE Figure 1. Vicinity Map Showing the Location of the Northern Addition to the Northridge Subdivision. Adapted from the USGS Ames West Quadrangle (1975) . j 13 SR`20 = 13SR21 Surface Survey Area 0 SQ C • e4 NORTHRIDGE 2000 ft. } SCALE Figure 3. Portion of the Project Area Investigated by Surface Reconnaissance. Archaeological sites 13SR20 and 13SR21 are indicated. , I. � ',r ��+'� 1 !1 \ ♦\\�` , N • \ ` \ riteq V \ Xx 1\ J Ir IN 10 Ol 00. IL ,U. .: , � , fit.• ,,��� � (tC�� �,,, .,�\� 1� > i1; 1 ,�, \� 1 •tom. let ezz ar 16 Cloa 8.4 1.2 tx %N .77.8 •� �. H20 9.3 1 \. .\�U) ��� 1`•,1.\� 0511 FIGURE I. Location of archaeological sites 13SR18 (Burial Mound) and 13SR19 (Human Burial ) at the Northridge Subdivision, P.mes, Iowa. Provisional map adapted from ({unziker and Furman development map. Scale: r