HomeMy WebLinkAboutA001 - Council Action Form dated April 14, 1992 ITEM #:
DATE: 2
COUNCIL ACTION FORM
SUBJECT:
First Passage of Ordinance Amending the Subdivision Regulations (Chapter
23 of the Municipal Code) Regarding the Deferral of Improvements.
ACTION FORM SUMMARY: This is an amendment to the City's subdivision
regulations to allow the approval of a plat without water or sewer
service to lots in an area with an industrial zoning classification,
given the conditions specified by the ordinance.
Approval of this amendment to the Municipal Code is recommended by
staff.
The Planning and Zoning Commission has no recommendation on this issue
since the Commission vote was tied two (2) in favor and two (2) in
opposition.
BACKGROUND:
On February 4, 1992, the City Council referred the attached ordinance to
the Planning and Zoning Commission for consideration and recommendation
back to the Council. This proposed ordinance addresses the Pete Cooper
Subdivision proposal for a new industrial subdivision, located south of
Lincoln Way, east of Freel Drive, and west of Dayton Road, that includes
lots which are not served by sanitary sewer.
Adoption of the proposed ordinance would amend the subdivision regula-
tions to allow approval of a subdivision plat without water or sewer service
to lots in an area with an industrial zoning classification, if the owners
and lien holders of the land to be platted join in:
(a) granting to the City a clear zone easement that precludes construc-
tion of buildings until water and sewer service is provided to the
site in accordance with city specifications; and
(b) a covenant with the City, running with the land, that said land will
not be joined with any other land for purposes of meeting area or
yard requirements under City zoning regulations."
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ANALYSIS:
Section 23.25 of the Subdivision Ordinance requires that before the final
Plat is approved and accepted by the City, the owner or subdivider of
land being platted shall make adequate provision for disposal of sanitary
sewage from the platted property. A sanitary sewer system, including all
necessary pumping stations, pumping equipment, manholes and all other
necessary appurtenances to provide for the discharge of sanitary sewage
from all lots or parcels within the platted area shall be provided and
connected to the City's sanitary sewers. Since the proposed Pete Cooper
Subdivision does not meet this criteria, the subdivision cannot be ap-
proved.
The ordinance amendment would address this situation in the proposed Pete
Cooper Subdivision and in other industrial areas of the community. Staff
does not believe that this ordinance amendment will have a broad applica-
bility throughout the community, however given the conditions under which
this subdivision amendment can be applied, it seems to be a workable
alternative for the Freel Drive area.
The Planning and Zoning Commission reviewed this request at their meeting
of March 4, 1992 and have no recommendation as the Commission vote tied
two (2) in favor of the amendment and two (2) in opposition.
ALTERNATIVES:
1. The City Council can approve of an ordinance that adds Section
23.34, Deferral of Improvements, to the Municipal Code and set April
14, 1992 as the date of public hearing on this request.
2. The City Council can deny approval of an ordinance that adds
Section 23.34, Deferral of Improvements, to the Municipal Code and
set April 14, 1992 as the date of public hearing on this request.
3. The City Council can refer this request back to City staff for
further information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will approve of the proposed amendment to the City's
subdivision regulations to allow the approval of a subdivision plat without
water or sewer service in an area with an industrial zoning classification,
given the conditions specified by the ordinance. Also this will set April
14, 1992 as the date of public hearing on this request.
Attachment
h\bpo\caf\deferr.324