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HomeMy WebLinkAboutA013 - Council Action Form dated December 3, 1991 - large map not scanned ITEM #: � DATE: 12/0_EK COUNCIL ACTION FORM SUBJECT: Resolution Approving/Denying a Conceptual Development Plan (CDP) for Pete Cooper Subdivision Located South of Lincoln Way, East of Freel Drive and West of Dayton Road. ACTION FORM SUMMARY: This is a request to approve a 16 lot subdivision which is a replat of lots in parts of two other subdivision. The Planning and Zoning Commission has recommended that this request be approved. The Department recommends denial of this request because 13 of the lots cannot be served by the sanitary sewer service in accord with the provisions of Section 23.25 of the Subdivision Ordinance. BACKGROUND: This proposed 16 lot subdivision involves a replat of several lots in Woodland Acres, Plat #2 and in Spencer's Second Industrial Subdivision. The proposed new subdivision is located west of Dayton Road, south of Lincoln Way and east of Freel Drive. Platting of this property is being done for two reasons. The first reason is that six adjacent property owners to the agricultural land owned by the applicant are seeking to purchase additional property to expand their business interests. Three of the six adjacent property owners own property along Freel Drive, and the remaining three adjacent property owners have property which fronts on Lincoln Way. In order to sell additional land to these adjacent property owners, a replat or new subdivi- sion is necessary because the applicant's parcel is being split into more than two parts. The second reason for the replat is that the applicant would like to sell some additional lots along Dayton Road. The intended use of the property is for expansion of existing businesses and to make industrial lots available for sale to the public. The developer's propose that the subdivision will be built in two phases. The first phase will include Lots 1-4, 7, 8, 11 and 12. The second phase will include the six interior lots, and two lots on Dayton Road. 2 ANALYSIS: Land Use Policy Plan. The Land Use Policy Plan (LUPP) designates this site as suitable.for general industrial uses. Zoning history. This property is currently zoned G-I (General Industri- al). Prior to July 1, 1980, it was zoned I-1 (Light 'Industrial) along Freel Drive and along Lincoln Way and A-1 (Agricultural) on the remainder of the site. (Note the lots fronting on Freel Drive were not annexed to the City until 1975.) Utilities. Water Existing: 6-inch water. main in Freel Drive 14-inch water main in Dayton Avenue 12-inch water main in Lincoln.Way Proposed: During phase two, an 8-inch water main would be extended within the interior right-of-way to serve adjacent property. This 8-inch main would form a looped system between the water main in Freel . Drive and Dayton Road. The water service to the area is adequate to meet the needs of the subdivision. Sanitary Sewer Existing• A 12-inch sanitary sewer main in. Freel Drive which extends south from Lincoln Way to the north boundary of Lot 4. This main was installed in 1989, but it is not in service. The lots along Freel Drive are currently served by septic systems. A recent estimate of the cost to extend sanitary sewer south down Freel Drive is approximately $225,000. (It should be noted that long standing City policy requires the developers of benefited properties to install sanitary sewer main extensions.) An existing 10-inch sanitary sewer main in Lincoln. Way will serve Lots 1; 2 and 3. This main is. shallow and will require a lift pumps to serve any new buildings on these lots. A 12-inch sanitary sewer main in Dayton Road which is located 400 feet south of proposed Lot 16. The developer is requesting that Lots 7 and 8 be permitted to be developed with septic. tanks until sanitary sewer can be extended to these properties. He is also y 3 requesting that the City pay for extension of the sanitary sewer for the four ,lots on Dayton Avenue, and as each property . hooks onto the sanitary sewer, the property owner will have to pay for the cost of the extension in front of his or her property. A recent estimate of the cost to extend the sanitary sewer north up to Dayton Avenue is approximately $75,000. Proposed: The manner in which the sanitary sewer will be extended to and through the proposed .subdivision has not been determined by the Public Works Department. However, it is possible to serve this area. At the present time, only Lots 1, 2, and 3, the lots, which front on Lincoln. Way, can be served by sanitary sewer. Because sanitary sewer is not available for the lots that front on Freel Drive, if the CDP is approved, a restriction should be placed on these lots that no additional building permits shall :be issued for Lots 4, 11 an 12 until sanitary sewer service is available. In addition, there should 'be a waiver of rights to protest assessments for the installation of sanitary sewer, signed by the owners of Lots 11 and 12, prior to approval of the administrative plat. (There is a sanitary sewer in front of Lot 4, however, it is not operational at this time.) Staff does not believe the lots along Dayton Road or any of the other lots shown in Phase 2 should be developed until sanitary sewer is extended to the. north and is available for these properties. 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 the 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 this proposed subdivision does not meet. this criteria, this subdivision cannot be approved. In addition, Section 9.5(1)(f)(ii) requires that on-site waste disposal system shall be located or designed to avoid impair- ment to the system or contamination from the system during flooding. Much of this subdivision is located in the -floodplain. This could be very difficult to accomplish both economically and practically, since the septic systems would actually need to be elevated above the 100 year flood elevations. Storm Sewer. There is no storm sewer available in this area. A storm water management plan has been prepared by the developers that takes into consideration drainage on these lots, which are 4 located in the 100-year flood plain. Drainage and detention require- ments will be handled on a lot by lot basis with some portion of each lot along the property boundaries reserved for future storm water detention. All buildings, access drives, and outdoor storage areas must be elevated one foot above the 100-year flood level. First floor elevations have been designated on the CDP. Electric. There is adequate electric service to the area to meet the needs of future industrial development in the area. Streets and, Vehicular Access. Access to Lots 1, 2, and 3 will be from the frontage road along the south side of Lincoln Way. Lots 4, 11, and 12 will have access from Freel Drive. In addition, Lots 11 and 12 will also have access from a future street, Southeast Fifth Street. The developers do not wish to put in Southeast Fifth Street until Phase 2 is developed because there is access to Lots 11 and 12 from Freel Drive. The right- of-way between Lots_ 11 and 12 must be dedicated to, the City as part of Phase 1, and in lieu of putting .in the street immediately, the improvement of this right-of-way can be assessed against the adjacent property and a waiver of rights to protect the assessment should be signed prior to approval of an administrative plat. Southeast Fifth Street penetrates the proposed subdivision in an east-west direction, providing a secondary means of access to Freel Drive, which is a dead end street _at this time. It is not the intent to develop this street until Phase 2 because all Phase 1 dots have access to existing public streets. Lots 13 and 14 will have direct access to Southeast Fifth Street and Lots 9 an 10 will have _access both from Southeast Fifth and from Black Earth. Circle, which is a cul-de-sac that extends north from South- east Fifth Street. Lots 5 and 6 at the north end of Black Earth Circle will have access only from Black Earth Circle. Lots 7, 8, 15 and 16 front on Dayton Road. Because Dayton Road is designated an arterial street and because the number of access points should be limited, Lots 8 and 15- should have their access restricted from Dayton Road, since they have the . alternative of getting access from , Southeast Fifth Street. If the CDP is approved and the subdivision is built in the phases, as shown in the CDP, temporary access from. Dayton Avenue should be given to Lot 8 with the provision that access be closed when Southeast Fifth Street is put in. The City is requesting dedication of an additional 15 feet of right-of-way from the lots that front on Freel Drive. Freel Drive currently has a right-of-way width of 50 feet. Since this is an industrial street, 'it should have a right-of-way width of 80 feet. The dedication of 15 feet from those lots fronting on Freel Drive, will provide one-half of the additional right- of-way that is needed. Presently, the owners of these lots along Freel Drive are using these 15 foot dedication areas for business purposes. If they wish to continue to use these areas, an encroachment permit from the City would be needed and should be requested along with plat approval. 5 No sidewalks are shown for the streets within this development. The developer must request that the City Council waive the sidewalk require- ment. STAFF COMMENTS: Staff cannot support this subdivision because it is not consistent with the provisions of the subdivision ordinance which require that all .lots be served by a sanitary sewer which is connected to the City's sanitary sewer system. If the City Council were to approve this CDP, it would have to occur by consciously not enforcing the subdivision regulations of the City. If the City Council still wants to approve this CDP even though it does not comply with a basic infrastructure of the City Subdivision regulations, the following stipulations must be required: 1. That the -owners of proposed Lots 11 and 12 waive their rights to appeal assessments for the installation of all infrastructure. 2. That the property owners that are involved in the request for approval of this CDP that have property along Freel Drive obtain encroachment permits from the City for the private improvements that would be located in the expanded right-of-way. 3. That no additional building permits be issued for Lots 4, 11 and 12 along Freel Drive until sanitary sewer service is available. 4. That access to proposed Lots 8 and 15 be limited to Southeast 5th Street to minimize driveways unto Dayton Avenue which is a collector street. ALTERNATIVES: 1. The City Council can approve the CDP for the Pete Cooper Subdivi- sion 'with the stipulations listed above. 2. The City Council can deny this request to approve a CDP for the Pete Cooper Subdivision. 3. The City Council can table this request for additional information from the developers or City staff. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that City Council adopt Alternative #2. This is a recommendation for denial of the CDP because this CDP does not propose to install sanitary sewer service as required by Section 23.25 of the Municipal Code. • g If the City Council were to approve this CDP, it would be in direct contradiction to the sanitary sewer service requirements as currently established by the subdivision ordinance. Attachment y\bpo\caf\cooper.d03 Request for Approval of a Conceptual Development Plan (CDP) for Pete Cooper Subdivision Located South of Lincoln Way, East of Freel Drive and West of Dayton Road Brian O'Connell gave an overview of the proposal. Mr. O'Connell stated that staff recommends denial of this proposal because it is not consistent with, the provisions of the subdivision ordinance which requires that all lots be served by a sanitary sewer system, which is connected to the City's sanitary sewer service. Ted Tedesco asked if -the City requires that sidewalks be installed in the general industrial areas. Brian O'Connell replied that the subdivision law requires sidewalks throughout and does not make a distinction in any zoning district. He stated that it has been the practice of the City to allow the property owners to waive that requirement for sidewalks in certain instances. Ted Tedesco asked if there are currently people receiving waiver permits with regards to the 15 foot right-of-way. Brian O'Connell replied that encroachment permits are not needed presently since, the land is presently owned. Encroachment permits would be necessary, if the additional 15 feet of right-of-way is added. Pete Cooper, 3334 Southdale, gave an overview of.the proposal and stated that what he is trying to do is to comply with the regulations and better serve the existing businesses in trying to add more land to their proper- ties. Shirley Clarke asked if Mr. Shaffer and Mr. Bell plan to build on this additional land or use the land for storage. Bob Shaffer, 1816 Freel Drive, stated that all we really want is more storage. space and did not think:-anybody was planning to build on these lots. Dallas Larson, owner of property at 615 Freel, stated that he was not in opposition of the proposal, but questioned how many of the people on Freel Drive are opposed to the sanitary sewer system. Bob Shaffer replied that some effort was made last year for continuing the pavement and the sewer system, but could not find anybody willing to agree to it. He stated that he does not know of one person who would go along with the assessment of -the sewer or the street at this point. John Conis, 1524 Curtis, asked what effect would the fill have on the property to the south, and to the bridge at 16th Street. Brian O'Connell replied that it would increase the elevation to the south so the properties that are below the elevation would probably experience an increase in the flow. Julie Pike asked if the 15 foot right-of-way dedication on Freel Drive could be handled without the people on Freel Drive agreeing to it. Brian O'Connell replied that the requirement for dedicating the property applies only to those people that are requesting plat approval. Stephen Moehlmann asked if the property owners can use this area for storage without a building or would they need to get some sort of a building permit even if they use this property for storage. Brian O'Connell replied that storage to which people are probably referring to is the storage of scrap metal and junk, which would not involve the construction of buildings. Stephen Moehlmann asked if this meant that they could not put in a pavement or a parking lot if this is a no building area: Brian O'Connell replied that he believed paving or a parking lot would be permitted. He further stated the point to be made, is that it is a require- ment in the law that you shall install a sewer to obtain approval of a final plat. Stephen Moehlmann asked if this would be thrown out if the Commission approved it because it violates a section of the law. Brian O'Connell stated that he is troubled by a city making decisions that do not comply with their own law. If the City Council makes the law, staff takes that to mean they are going to follow the law. If they want to waive the law, then the Council should say we reserve the right, under certain circumstances, to waive the law. MOTION: (TEDESCO/SWANSON) to accept Alternative #2 which states: The Planning and - Zoning Commission can recommend that the City Council approve the CDP for the Pete Cooper Subdivision with the following modifications: a. The ability to use septic tanks temporarily along Dayton Avenue. When the City extends sanitary sewer service, each property will hook into the extension, and' pay the cost of the extension in front of his/her property; b. The property owners of Lots 4, 11 and 12 who currently occupy the west fifteen foot right-of-way area request an encroachment to continue using this land until the right-of-way is needed by the City; and c. Waive the sidewalk requirement for new streets. Brian O'Connell asked in light of the City Subdivision Law, what basis the Commission is using to approve this Subdivision. Ted Tedesco replied that the three property owners on the north would like to expand,. and since those lots are not a problem I think that we should encourage the expansion of people who are already a resident in the community. Secondly, he said, the lots that are along the west border are strictly proposing to be used as. storage. Because of the land in general, and if the lots are not used for this, the land would probably never be developed and this area needs. to have some encouragement to improve and grow. Sandra McJimsey stated that she will be voting against the motion for the following reasons: 1. Does not feel comfortable recommending something that is contrary to a stated ordinance; 2. By allowing people to continue to install and rely on septic systems, seems to remove any incentive to develop the infrastructure. While several people have good. intentions and would like to see this area developed, you are just prolonging the lack of development by allowing people to resort to something else; and 3. Once a precedent has been established that does not follow the stated law, the Commission is once again opening the door to similar requests. Shirley Clarke stated that she hates to go specifically against the law as stated, but agrees with Mr. Tedesco. She further stated that she agrees that it took a long time to get this area developed to where it is. Stephen Moehlmann stated that he too feels that it is ill advised for the Commission to go against a stated ordinance and did not feel that this is the correct procedure to indicate our concerns regarding the lack of flexibility in the ordinance. Brian O'Connell stated that this motion from the Commission states the City Council should allow .this waiver against the ordinance. _Robert Swanson stated that the Commission can propose this motion to the City Council and ask that this law be modified. Brian O'Connell stated that as a City we need to be very careful about what type of message we are sending to property owners. If you want to make those variations in the law, then the burden is on us and City Council to legislate that in, a law so people will know what to expect. MOTION PASSED: 4-2-1 Abstention. This item will go to City Council on December 3, 1991. y\bpo\caf\minutes.n20 ISfd A0N 67 November 15, 1991 City Council 515 Clark Ave. Ames, Iowa 50010 Planning & Housing 515 Clark Ave. Ames, Iowa 50010 Dear City Council & Planning & Housing I, Dale 'Pete' Cooper, would like to request approval by the City on the following items pertaining to the Pete Cooper Subdivision.on (1) The ability to use septic tanks temporarily along Dayton Ave. When the City extends sanitary will hook into the extension, andsewer xtensionandwer service, each property in front of his her pay the cost of the extension / property. . (2) The property owners of Lots 4, 11 & 12 who currently occupy the the West fifteen foot right-of-way area request an encroachment to continue using this land until the the City. right-of-way is needed by ` + (3) Waive the sidewalk requirement for new streets. Sincerely, r• Dale 'Pete' ooper