The URL can be used to link to this page

Home My WebLink AboutA003 - Council Action Form dated May 27, 2008 ITEM # DATE 05/27/08 COUNCIL ACTION FORM SUBJECT: REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS, REGARDING SIDEWALKS AT 619-719 EAST LINCOLN WAY BACKGROUND: The property owner is in the process of securing City permits to convert an office space in an existing commercial building to a restaurant space for a prospective tenant. The structure is non-conforming because it overlaps 8 individual lots. The tenant space also overlaps a lot line. In an effort bring the structure into conformance, a subdivision plat is required to consolidate the lots. The subdivision regulations in Section 23.403(14)(a) require that sidewalks be installed on both sides of the street in commercially zoned areas. All other public improvements are in place, due to the already-developed nature of the subject site. This includes public streets (East Lincoln Way), as well as utility mains.The request for waiver involves the construction of approximately 400 feet of 4' wide sidewalk along Lincoln Way. The owner has submitted a letter requesting a waiver of the subdivision regulations, which in this case, includes only the sidewalk. The owner states that the reason is because of the location of the property and its proximity to industrial use and zoning. The subject property(3.1 acres) is zoned "HOC", Highway Oriented Commercial, as well as the properties on each side of the site and directly across the street, each of which are under the same sidewalk requirements. A new sidewalk has been installed by the City across the street from the subject property in order to infill and provide connectivity with the shared use path, which runs east and then crosses the South Skunk River approximately 0.3 miles to the east. The nearest signaled pedestrian crossing point from the north side to the south side of East Lincoln Way is at South Duff Ave, approximately 0.4 miles to the west. There is existing sidewalk to the west of the subject property, but it is not continuous to Duff Avenue. There is no sidewalk to the east of the subject property, although it is also zoned "HOC" and would require sidewalk if it was re-platted. The second property to the east(200' away from subject property) is zoned "GI"General Industrial, which only requires sidewalk be installed on one side of the street. Sidewalk is already installed by the City on the south side of East Lincoln Way in the "GI"district and is therefore not being required on the north side of East Lincoln Way in the "Gl" district, underthe current zoning designation for the property. Municipal Code Provisions: City code includes two provisions for potentially relaxing subdivision standards, including waiving/modifying or deferral of improvements. The criteria for waiving/modifying or deferring improvements are distinctly different in the following ways: 1. Waiver/Modification: A waiver or modification of the regulations in Section 23.103 (1) requires the Council to find that one of the two following criteria is met: 1 . Strict compliance with the requirements of the Regulations would result in extraordinary hardship to the applicant or: 2. It would prove inconsistent with the purpose of the Regulations because of unusual topography or other conditions According to the Municipal Code, if the City Council waives or modifies any one of the subdivision regulations, it must find that"substantial justice [has been] done and the public interest [will be] secured," and that "such modification or waiver shall not have the effect of nullifying the intent and purpose of the regulations." If the City Council determines that one, or both, of the two criteria listed above have been met, then the regulation(s) can be completely waived or modified by the establishment of certain conditions. 2. Deferment: The deferment section of the sidewalk requirements in Section 23.403 (14)(a)(i)was added to Municipal Code in May 2004. It allows Council to postpone the construction under one of two criteria: (1) premature installation or(2) unusual topography. In the case of deferment, financial security is required and an approval by. City Council would be required in order to record the Minor Subdivision Final Plat. Under Section 23.403 (14)(a)(i), A deferment for the installation of sidewalks may be granted by the City Council when topographic conditions exist that make the sidewalk installation difficult or when the installation of the sidewalk is premature. Where the installation of a sidewalk is deferred by the City Council, an agreement will be executed between the property owner/developer and the City of Ames that will ensure the future installation of the sidewalk. The deferment agreement will be accompanied by a cash escrow, letter of credit, or other form of acceptable financial security to cover the cost of the installation of the sidewalk. In February 2004, staff mailed letters to developers, consultants, and neighborhood association contacts to solicit input on clarifying and possibly amending the sidewalk provisions in City code. The City code at that time required sidewalks on both sides of the street, in any zoning district, with no financial security. There was no attendance at the meetings, and only minimal e-mail and phone responses. The City Council amended the Code in May 2004, which reduced the requirement to only one side of the street in industrial zoning and kept the requirement for both sides in commercial and residential zoning. The City Council also added the requirement forfinancial security if it was deferred. 2 r� r There are a wide variety of situations that require the re-platting of land, which triggers a staff review of public infrastructure existence. In some cases, it could be a matter of subdividing a large vacant tract into several smaller lots. In other cases it could be demolishing existing buildings and consolidating all the small lots into one large lot for a new development. In this case, it is consolidating smaller lots into one large lot where the buildings are planned to remain. ALTERNATIVES: 1. The City Council can deny the request to waive the requirement to install a sidewalk along Lincoln Way after determining that neither of the waiver criteria have been met. 2. The City Council can waive the requirement to install a sidewalk along Lincoln Way after determining that one, or both, of the waiver criteria has been met. 3. The City Council can defer the requirement to install a sidewalk along Lincoln Way after determining that the criteria under Section 23.403 (14)(a)(i) have been met. According to the Municipal Code, the property owner will be required to provide an acceptable form of security to assure that the sidewalk will be constructed in the future. 4. The City Council can refer this request back to staff for additional information. MANAGER'S RECOMMENED ACTION: In accordance with the City Council's goal to "Go Green", the subdivision ordinance requires a property owner/developer to provide multi-modal means of transportation by installing sidewalks in commercial areas. This requirement is being triggered by the property owner's need to consolidate existing lots to make the current structure conforming. The property owners have emphasized that the property in question is in close proximity to industrially zoned land to the east. Since, a sidewalk/bike path already exists to the south of this industrially zoned property, a sidewalk will not be required further to the east on the north side of Lincoln Way. Therefore, they maintain that the sidewalk they are being asked to install will never connect with a city sidewalk. However, according to the existing Municipal Code, a sidewalk is required on both sides of the street involving commercially zoned properties, which is the case in this situation. Since it appears that the property owners arguments for not installing the sidewalk along Lincoln Way do not meet the waiver criteria reflected in the Subdivision Ordinance, it is the recommendation of the City Manager that the City Council approve Alternative#1 and deny the request to waive the installation of the public sidewalk along Lincoln Way. However, if the City Council believes that the property owner has made a case for a deferment of the installation of the sidewalk, then Alternative#3 should be approved. This option will require the property owner to provide an acceptable form of financial security to assure the sidewalk will be installed in the future. 3 a $ g } 8 } q LL cz J Ln y LO s . n;rr r o ti N— N n _ 3 N J W / co a) v o i c N � of zz o i Q N o E N # N p O p L C O zv� nrF Ln a� LO LL / x z 0 rr ` T c _ O LO M iF Y 5 � .,, LO `I k 'n W \ - CD cu A � 1 Ilh�r�� ki O O 4 �A r a b: E „ w �` I m LL -..8 LO r : C) s z�� •uD cz 1WI o a � LO LO U , T Lo C9 i 7 I 2 � I N 1 ^ M J, N �\ U O p U N 2 G r y N (U a — w O N N = C U - O7 C � v N N CD 3 _ N co lb E N A C U Cp p i Q N U N r U -C 0 U cc m c ,a o1 aa) o U Q c� a 1 MOO � I g � k C U) ` ll CD 1 i �N �. . M 11„mol VJ Cl 4 'f co 6 c: LO _ O • 5e — m 1 Cp p '41 7 co low 41k (10 i N iJ r _ — fcu i