HomeMy WebLinkAboutA001 - Council Action Form dated October 11, 2011 ITEM # 22a
DATE: 10-11-11
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY FOR 1128 DUFF AVENUE, 1117 CARROLL AVENUE
AND 1119 CARROLL AVENUE
BACKGROUND:
The property owner, Clinic Building Company (McFarland Clinic), is requesting approval of
a Plat of Survey to combine Parcel "C" (1128 Duff Avenue), a complete platted lot (1119
Carroll Avenue), and a portion of another platted lot (1117 Carroll Avenue) through the
process of a boundary line adjustment. The boundary line adjustment is accomplished with
the approval of a Plat of Survey. In this particular case, three parcels/lots (see Attachment
A) are being combined to form a single parcel, Parcel "G", which includes approximately
1.35 acres. A copy of the proposed Plat of Survey is included as Attachment B.
Consolidation of the three parcels/lots is necessary for the administrative approval of a
Minor Site Development Plan for an office supporting medical use on property to the north
across 12t" Street. The new Parcel "G" will be used to support the existing McFarland
Clinic Eye Center and required parking for both the eye clinic and the new building
proposed across 12t" Street.
The proposed Parcel "G" extends between Duff Avenue and Carroll Avenue, and is
considered to be a double frontage lot.
The Ames Subdivision Ordinance, Section 23.401(3)(b) 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, McFarland Clinic, has requested a "waiver" from the above-described
standard, which prohibits double frontage lots (see attached letter Attachment C). The City
Council has the authority to grant waivers 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. In no case may the waiver be more than is
necessary to eliminate the hardship or conform to the purpose of the regulations. In
granting the waiver, the City Council may impose such additional conditions as are
1
necessary to secure substantially the objectives of the requirements so waived (see
Section 23.103 of the Municipal Code).
Staff has determined that to prohibit the creation of a double frontage lot in this particular
case in an "S-HM" (Hospital-Medical) zoning district would result in an extraordinary
hardship to the applicant. There are other locations throughout the community where
double frontage lots have been allowed. Such developments are found elsewhere in the
Hospital-Medical zone, in non-residential areas along South Duff Avenue, and at North
Grand Mall, among other locations.
In addition to this request for a waiver of the subdivision regulations for double frontage
lots, the City Council has previously referred to staff a text amendment 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 this text amendment is in
process to allow double frontage lots in non-residential zones, 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 may in fact result in layouts that are less efficient in
terms of circulation and access.
Electric Services has requested an easement, ten feet wide, for an existing electric line that
crosses the site between the north and south property lines at approximately the midpoint
between Duff Avenue and Carroll Avenue. The easement document has been prepared by
the City and signed by the property owner. This easement needs to be recorded with the
County Recorder's Office along with the Plat of Survey once approved by the City Council.
It has been 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 Director. 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. It is also conditional upon
the recording of the electric easement at the time of recording of the Plat of Survey. Under
Section 23.308(5), the Council must render a final decision of approval if it agrees with the
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
2
(b) adopt the resolution approving the proposed Plat of Survey with the following
condition:
The electric easement for the existing electric line that crosses the properly
shall be filed at the time of recording of the Plat of Survey in the Story
County Recorder's Office. A copy of the recorded easement document
shall be returned to and file with the Ames Clerk's office along with a copy of
the signed and recorded plat of survey.
(This option will allow the plat of survey to be signed and recorded without
delay).
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 electric easement for the existing electric line that crosses the
property shall be filed at the time of recording of the Plat of Survey in the
Story County Recorder's Office. A copy of the recorded easement
document shall be returned to and file with the Ames Clerk's office along
with a copy of the signed and recorded plat of survey.
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 until
Council approves the proposed text amendment pertaining to double-front
lots).
3. The City Council can deny the proposed Plat of Survey if the City Council 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
3
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.
Staff supports granting a waiver from the requirement that does not permit double
frontage lots. In this particular case, the prohibition of double frontage lots places
an extraordinary hardship on the applicant that is not consistent with other
development sites in the H-M zone and other non-residential districts in Ames.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative#1, thereby (a) granting the requested waiver and (b) approving the proposed
Plat of Survey subject to the conditions described above. This alternative will allow
construction to begin as soon as possible, without unnecessary delays.
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.
4
Attachment A
Existing Lot
Layout
*900 ao■m®`b®e 0*0 00 a ilia is a
E
0
Z e ,
�® a 1�rY111A 1 Ia s IN
� •.®,.®o.o°oa o ei® l�® ,��o � d 1��
CO �Z �� 1
ail
Lij
1a1�9
i V
u1
0
h
' v •noaa
cat a �e
., _y�e i-• � N � of
15tt�
=T" 1 $ . cc a
ai a a
N
ry =o
o
e,2 4 yk
c
CTZt 3„81,B0.00 N
99) 3nN3AV jinn
snaanv'ana i 1 p II-�_
e[
Yp
5
Attachment B
Proposed Plat of Survey
PREPARED BY: NEIL T. GUESS, BOLTON & MENK, INC. 2730 FORD STREET AMES, IOWA 515 233-6100
SE COR, BLK 7,
SUNR/SE AOON.
114'GAS P/PE
REHAR W/ 1/2'REBAR W/
CAP/'B1J6 YELLOW CAP,{65BSE COS, LOr s E. 12TM . STREET (66 )
BLK 7, SUNRISE ADDN
NW COR OF 7HE Z"GAS PIPE
sourH 60'OF THE
WEST 20O'OF LOT 6 NE COR LOr J BLK B NE COR LOT 1, BLK 6
r� EMERYS SUBD. SUNRISE ADDN. SUNRISE ADDN.
<ID
S 88'04'17"E 259.59' 'T SOUARE BAR S 88-10.39"E /732.04 '^
co [S 05'07'32"E 259.93 (p
POINT OF I I s ee oa'322•E
'`) BEGINNING I 1 n CEL G [ ,8'09
LLJ N ry 158 M.14 sq Ift
w 'r c' •(-r i I I 11.35 acres I ,r�i�i 'n ^ ,7�;t; N =
rw9mm 11 PARCEL Cl S
NE COR OF 1HE 50(&pI Instrument t;"/ i�
" 60'OF rh'E WEST 2 0' INo. 01—109t1 "' �
I/z'aea+R W/ OF LOT 6 EMERY'S SUBD. SE OR LOr 1, BLK 6 J
® Z rn Vw cw/e.Tea f SUNRISE ADDN.
-- ++-99:a5:asaw s99a5']— — I _ N SBeas14 J/4"IRON PIPE
N 8848 37 199.95 — fo
NW COR OF THE SOUTH [� OO.00, J n YELLOW GPS,f65B6 0�0�
60'OF rHE WEST 200' 4"W Z 4
OF LOT 6 EMERYS SUBD. •, N 6 •81'\g� So MAC NAIL/N TOP '
9e'53,3B I z ' OF WOOD FENCE POST
20.22J IN 09'OJ'41"W]'^
_ 1.71' 110.04'
N 8'5 '36"W 191.85
1/2'REBAR W/
YELLOW CAP 16585 Iez, I I SE COR LOr 4, BLK B
( •) (eo•) SUNRISE ADDN.
_ SW COR Lor 4, BLK ;SUNRISE ADD
7/2"4-BAR W/
' I I YELLOW iP 46586
V
D C `'
ED
AUG 3 0 2011
V
o so GITY OF AMES,IOWA
® DS"T,OF pLANNiNG&HOUSING
� SCALE IN FEET
SHEET 1 OF 2
LEGEND I hereby...tify that thl.land —.ying doaum.nt.a.
n 11 O'er ,,' propared and the relal.d ..,.ylnq work.ae performed by
O 3 T4 IRON PIPE MONUMENT SET "� .......,,4 m.or under my dIr- .uv�'l•lon and tnac I am a duly
6 WITH RED PLASTIC CAP MARKED Ilaen.•d Land 5—yor una•r th.I..•of th.Stale of lava.
BY REG. NO. 9958 (SET) +.NEIL 7. '�"
v r
i • MONUMENT FOUND GUESS
\ 9958 N•II T.Gu..., P.E./LS oat.
c DIMENSION FROM PLAT OF SURVEY Jt•,, '„ Uoen.e No. 9958
(1992) RECORDED AS INSTRUMENT NO. "'.,�*"^•••••••••'*.``�� Inr.. - I..t."oI oat. ie thl....r 31, 2011
•� „ /0Wp�pa�` Pagee or eheete oovarod by this Beal:
0 01-10921, DATED AUG. 9, 2001 'nnn,lnml n
c r
o n
o®Bolton & Monk. Inc. 2011, All Rights Reserved o
PLAT OF SURVEY PARTS OF LOTS 1, 2, 3 & 4, BLOCK B.
v CITY OF AMES, IOWA SUNRISE ADDITION AND LOTS 6, 7 AND
c B, EMERY'S SUBDIVISION
B O LTO N Sc MENK, B N C. CITY OF AMES
Consulting Engineers & Surveyors STORY COUNTY, IOWA
2730 FORD E STREET. AMES, IOWA 50010 (515) 233-6100 PROPRIETOR: z
a MANKATO. MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN
WILLMAR, MN CHASKA, MN RAMSEY, MN AMES, IA CLINIC BUILDING COMPANY, INC. p
FIELD BOOK:IA MISC DRAWN BY: JDL 2.0, 02-53-24 (02)�
6
Attachment B
PREPARED BY: NEIL T. GUESS, BOLTON & MENK, INC. 2730 FORD STREET AMES, IOWA 515 233-6100
SURVEY DESCRIPTION:
All that part of Lots 1, 2, 3 and 4, Block 8, Sunrise Addition and Lots 6, 7,
and 8, Emery's Subdivision in the West Half of the Northeast Quarter of Section
2, Township 83 North, Range 24 West, in the City of Ames, Story County, Iowa
described as follows:
Beginning at the Northwest corner of the South 60 feet of the West 200 feet
of Lot 6 said Emery's Subdivision; thence South 68 degrees 04 minutes 17
seconds East, a distance of 259.59 feet to the Northeast corner of Lot 3,
Block 8, said Sunrise Addition; thence South 88' 10' 39" East, along the
north line said Block 8, a distance of 132,04 feet to the Northeast corner of
Lot 1, said Block 8; thence South 00' 00' 16" East, on the east line of said
Block 8, a distance of 179.08 feet to the Southeast corner of Lot 4, said
Block 8; thence North 88' 53' 36" West, on the south line of said Lot 4, ❑
distance of 191.85 feet to the Southwest corner of said Lot 4; thence North
00' 00' 04" West, a distance of 60.81 feet to the Northeast corner of the
South 60 feet of the West 200 feet of Lot 8 said Emery's Subdivision; thence
North 88' 46' 37" West, a distance of 199.95 feet to the Northwest corner
of the South 60 feet of the West 200 feet of said Lot 8; thence North 00'
08' 18" East, along the west line of Lots 8, 7 and 6, said Emery's
Subdivision, a distance of 123.35 feet to the point of beginning.
Said parcel contains 1.35 acres of land.
ALTERNATE DESCRIPTION: PARCEL G
Parcel 'G' in Sunrise Addition and Emery's Subdivision, to the City of Ames,
E Story County, Iowa, as shown on the "Plat of Survey" filed in the Office of
the Recorder of Story County, Iowa, on 2011 and
recorded as instrument Slide Page
V
OO
V
O
3
0
v
J
a
rl
7
J
Z
n The Ames City Council approved this plat of survey on , 2011,
`o with Resolution Number I certify that it conforms to all conditions
i of approval.
i
Planning & Housing Director
c r�
g SHEET 2 OF 2
o®Bolton & Monk. Inc. 2011, All Rights Reserved o
PLAT OF SURVEY PARTS OF LOTS 1, 2, 3 & 4, BLOCK B, a
o CITY OF AMES, IOWA SUNRISE ADDITION AND LOTS 6, 7 AND
8 EMERY'S c ■ B O LTGI" Sa M E N K, I IV�- CITY OF AMESUBDIVISION m
Ally Consulting Engineers & Surveyors STORY COUNTY, IOWA 7
/ 1 2730 FORD STREET, AMES, IA 50010 (515) 233-6100
MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE. MN PROPRIETOR: Z
WILLMAR, MN CHASKA, MN RAMSEY, MN AMES, IA CLINIC BUILDING COMPANY, INC. m
FIELD BOOK:IA MISC DRAWN BY: JDL 2.0, 02-133-24 (02)'
7
Attachment C
Request for Waiver
McFarland Clinic PC
October 4, 2011
Mr. Jeff Benson,AICP,ASLA
Planner, Department of Planning and Housing
City of Ames
515 Clark Avenue
Ames, Iowa 50010
RE: Parcel F and Parcel G
Plat of Survey
Dear Jeff:
McFarland Clinic requests that the Plat of Survey documents for Parcel F and Parcel G
be forwarded to the City Council for their October 11, 2011 meeting. We also
understand that a code change to the subdivision ordinance will be proposed at the
same council meeting to allow 'through-lots' in areas not zoned residential. As the staff
report presented in Item 6 on the Planning and Zoning Commission's 10-05-11 Agenda
states, 'double-frontage lots' are common in commercial, business, and industrial areas.
We therefore also request that the current code Section 23.401(3)(b), pertaining to
'double-frontage lots' of the subdivision ordinance, be waived and that this site be
considered under the proposed code language. In addition, we believe this case meets
the criteria for waiving the requirements that are stated in Ames Municipal Code Section
26.103.
We thank you very much for your time and consideration of our request.
Sincerely,
McFarland Clinic, PC
Roger Kluesner
Chief Operating Officer
1215 Duff Avenue P.O.Box 3014 Ames,Iowa 50010 515-239-4400 fax 515-239-4498 www.mcfarlandclinic.com
8