HomeMy WebLinkAboutA001 - Council Action Form dated October 11, 2011 ITEM # 23
DATE: 10-11-11
COUNCIL ACTION FORM
SUBJECT:PLAT OF SURVEY FOR 2924 & 2936 SOUTH LOOP DRIVE & 3008
UNIVERSITY BOULEVARD
BACKGROUND:
WebFilings, a software company based in Ames, is the prospective owner of three lots in
the Iowa State University Research Park. They are requesting approval of a Plat of Survey
to combine Lots 13, 14, and 15 through the process of a boundary line adjustment, which
can be accomplished with the approval of a Plat of Survey. In this particular case, three
lots (see Attachment A) are being combined to form a single parcel, Parcel "A", which
includes approximately 18.08 acres. A copy of the proposed Plat of Survey is included as
Attachment B. Consolidation of the three lots is in conjunction with staff review and
approval of a Minor Site Development Plan for a 60,000 square foot office building and
associated parking.
The proposed Parcel "A"extends between University Boulevard and South Loop Drive, and
is considered to be a double frontage lot.
The Ames Subdivision Ordinance regulates lots with more than one frontage as follows:
23.401(3)(b) A lot with double frontage or reverse frontage shall not be
permitted, except where essential to provide separation of residential
development from arterial streets or to overcome specific disadvantages of
topography and orientation.
The applicant's representative, John Karrmann, of FEH Associates, Des Moines, has
requested a "waiver" from the above-described standard, which prohibits double frontage
lots (see attached letter). The City Council has the authority to grant a waiver in cases
where it can be shown that strict compliance with the requirements of the
regulations would result in extraordinary hardship to the Applicant or would prove
inconsistent with the purpose of the regulations because of unusual topography or
other conditions, so that substantial justice may be done and the public interest secured.
However, such a waiver may not have the effect of nullifying the intent and purpose of the
regulations. The waiver may not be more than is necessary to eliminate the hardship or
conform to the purpose of the regulations. In granting a waiver, the City Council may
impose additional conditions to secure substantially the objectives of the requirements so
waived (see Section 23.103 of the Municipal Code).
This regulation was intended for residential zones, and staff has determined that to prohibit
the creation of a double frontage lot in this particular case in a "PI" (Planned Industrial)
zoning district would result in an extraordinary hardship to the applicant.
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Even prior to this request for a waiver of the subdivision regulations for double
frontage lots, the City Council referred to staff a text amendment, initiated by staff, to
amend the regulations for double frontage lots. Staff supports an amendment to
allow double frontage lots except in residential zones. Given the fact that a text
amendment is in process to allow double frontage lots in a Planned Industrial zone,
staff supports the applicant's request for a waiver from the requirement that
prohibits double frontage lots.
Staff believes that the double-frontage restriction is appropriate in residential areas,
and that the provision was likely adopted with residential areas in mind. However,
the restriction does not reflect the reality of how non-residential lots are typically
platted and developed, and could in fact result in layouts that are less efficient in
terms of circulation and access.
The original plat which includes this land is known as Iowa State University Research Park,
Third Addition, recorded in 1997. That plat contained a restriction that there are no
access points from University Boulevard except to Lot 15. Since the proposed plat of
survey consolidates Lot 15 with two other lots, City staff would like to have the flexibility to
revise that restriction.
The City Attorney's office has recommended that the Council place a condition on the plat
approval that this access restriction be revised prior to the recordation of the plat. It is the
desire of WebFilings to have more than one access point along the frontage of University
Boulevard. Including this condition on the approval would give City staff enough time to
determine the appropriate wording and graphics for the Plat of Survey, without delaying the
approval of the Minor Site Development Plan beyond the next regular City Council meeting.
Staff has determined that the existing parcels in the proposed plat are conforming
conveyance parcels. Therefore, pursuant to Section 23.307(4), a preliminary decision of
conditional approval for the proposed Plat of Survey has been rendered by the Planning &
Housing Department. The decision is conditional upon either a waiver of the double
frontage lot provision of the subdivision code, or adoption of an amendment to the
subdivision code that would allow double frontage lots in non-residential areas. Under
Section 23.308(5), the Council must render a final decision of approval if it agrees with the
Planning & Housing Director's preliminary decision.
ALTERNATIVES:
1. If the City Council agrees with the preliminary conditional decision to approve the
proposed plat of survey, the City Council can:
(a) approve the requested waiver from the requirement of Section 29.401(3)(b) of
the Municipal Code that does not allow double frontage lots, and
(b) adopt the resolution approving the proposed Plat of Survey with the following
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condition:
The access restriction on the original plat may be amended to allow access
onto University Boulevard in locations deemed safe and acceptable by the
City Traffic Engineer. The amendment shall be reflected on the plat of
survey with notation approved by the City Attorney and Traffic Engineer.
(This option will allow the plat of survey to be signed and recorded with little
delay, subject to the access notation being worked out).
2. If the City Council agrees with the preliminary conditional decision to approve the
proposed plat of survey, and in separate action approves the proposed text amendment
pertaining to double-frontage lots, but does not agree that the requested waiver of the
double-frontage lot provision complies with the criteria for waiving subdivision
standards, the City Council can:
(a) deny the requested waiver from the requirement of Section 29.401(3)(b) of the
Municipal Code that does not allow double frontage lots, and
(b) adopt the resolution approving the proposed Plat of Survey with the following
conditions:
i. The access restriction on the original plat may be amended to allow
access onto University Boulevard in locations deemed safe and
acceptable by the City Traffic Engineer. The amendment shall be
reflected on the plat of survey with notation approved by the City
Attorney and Traffic Engineer.
ii. The plat of survey shall not be signed and recorded until the text
amendment pertaining to double-frontage lots is published and effective.
(This option will delay the signing and recording of the plat of survey).
3. The City Council can deny the proposed plat of survey if it finds that the requirements
for Plats of survey as described in Section 23.308 have not been satisfied.
4. The City Council can refer this back to staff and/or the owner for additional information.
MANAGER'S RECOMMENDED ACTION:
The Planning & Housing Director has determined that the proposed Plat of Survey satisfies
all code requirements, provided that the double frontage lot issue is resolved either through
a waiver of the subdivision code standard that prohibits double frontage lots, or through a
Code amendment to allow double frontage lots in non-residential zones. The Director has
thus rendered a preliminary decision to conditionally approve the proposed Plat of Survey.
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It is believed that the prohibition of double frontage lots places an extraordinary hardship on
the applicant that is not consistent with other development sites in non-residential zones,
including the PI (Planned Industrial) zone.
If the City Council chooses not to grant the waiver, but proceeds with approval of an
amendment to the Code to allow double frontage lots, except in residential zones, the Plat
of Survey may then be approved under Alternative #2, which would not allow the signing
and recording of the plat of survey until the new Code provision is adopted and published.
This would delay building construction by the applicant at a time of year when it is crucial
for footings and the foundation to be poured before the weather changes and the ground
freezes. Alternative #1 will allow construction to begin as soon as possible, without
unnecessary delays.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the proposed plat of survey with the conditions
described above.
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Attachment A: Existing Layout
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Map Created October 5,2011
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Attachment B: Proposed Plat of Survey
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