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HomeMy WebLinkAboutA014 - Council Action Form dated May 12, 1992 - large map not scanned ITEM #: DATE: 05/12/92 COUNCIL ACTION FORM SUBJECT: Resolution Approving/Denying a Conceptual Development Plan (CDP) for Pete:_Cooper--t,Lb--it sza Located South of Lincoln Way, East of Freel Drive and`West of Dayton Road. ACTION FORM SUMMARY: This is a request to approve a 10 lot subdivision which is a replat of lots in parts-of two other subdivisions. The Planning and Zoning Commission and staff recommend approval of this request in light of recent changes to the subdivision ordinance which address the platting of lots that cannot be served by sanitary service. A clear zone and covenants will prevent development prior to the provision for adequate infrastructure. BACKGROUND: This proposed 10 lot subdivision involves a replat of several lots in Woodland Acres, Plat #2 and in Spencer's Second Industrial Subdivision. This proposed new subdivision is located west of Dayton Road, south of Lincoln Way and east of Freel Drive. The Commission previously saw a CDP for the same land on November 20, 1991 and the City Council subse- quently tabled the request. At that time there were 16 lots proposed instead of the 10 lots shown on this plan. 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. On April 14, 1992, City Council approved an amendment to the Subdivision Ordinance, Section 23.34 Deferral of Improvements, to allow a subdivision plat without water or sewer service to lots in an area with an industrial classification, if the owners or lien holders of the land to be platted joined in granting a clear zone to the City, precluding the construction of 0 2 - ;- buildings until water and sewer service is provided to the site, and if there is a covenant with the City that the land will not be joined with other adjacent land for purposes of meeting area or yard requirements. This amendment to the subdivision ordinance was instigated by the Pete Cooper Subdivision since there are several lots in this proposed subdivi- sion which currently cannot be served by sanitary sewer, and without this amendment, the platting of this land would have been in conflict with Section 23.25 of the Subdivision Ordinance, which required that there be adequate provision for disposal of sanitary sewage through a connection to the City's sanitary sewers. 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 (Agriculture) on the remainder of the site. (Note the lots fronting on Freel Drive were not annexed to the City until 1975). Utilities. Water Existing: Freel Drive -- 6-inch main Dayton Avenue -- 14-inch main Lincoln Way -- 12-inch main Proposed: An eight-inch water main will be extended within the right-of-way of the proposed Southeast Fifth Street to form a looped system between Freel Drive and Dayton Road. In addition, another water main may be extended in the vicinity of the south property line of the subdivi- sion to connect with the mains in Freel Drive and Dayton Road to improve pressure in the area. Water service to the area is adequate to meet current needs. The proposed main extension will improve service to the area. 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 7-,3 3 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 serves Lots 1, 2 and 3. This main is shallow and will require a lift pump to serve any new buildings on these lots. A 12-inch sanitary sewer main in Dayton Road is located 400 feet south of proposed Lot 10. 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 proposed Lots 1, 2, and 3, which front on Lincoln Way, can be served by sanitary sewer. Because the remainder of the lots cannot be served by sani- tary sewer the owners and lien holders of the remainder of the land must join in granting to the City a clear zone easement that precludes construction of additional buildings until sanitary sewer service is provided to each of the lots in accordance with City specifications. Also a covenant, running with the land must be recorded, which states that said land will not be joined with any other land for purposes of meeting area or yard requirements under City regulations. Storm Sewer: There is no storm sewer in this area. A storm water management plan had been prepared previously for the 16 lot subdivision proposal which took into consideration the drainage from each of the lots located in the 100-year floodplain. That storm water management plan must be revised to reflect the new 10 lot develop- ment of the site. Drainage and detention requirements will be handled on a lot by lot basis with some portion of each of the lots along the property boundaries reserved for future storm water detention. All building access drives, and outdoor storage areas will have to be elevated one foot above the 100-year flood level. First floor elevations have been designated on the CDP and should be designated on the Final Plat. Streets and Vehicular Access. Access to Lots 1 and 3 will be from the frontage road along the south side of Lincoln Way. Lot 2 also has access from the frontage road on Lincoln Way, and it will have future access from Southeast Fifth Street when that road is constructed. Lots 4, 5 and 6 front on Freel Drive. In addition, Lots 5 and 6 will also have access from the future street, Southeast Fifth Street. Lots 7, 8, 9, and 10 front on Dayton Avenue. However, Lots 8 and 9 may only have temporary access from Dayton Avenue until such time that permanent access can be 4 t01K .. K accomplished from Southeast Fifth Street. Driveways along Dayton Avenue need to be limited because this is a collector street and future arterial, and in the future it will be widened to four lanes. The Southeast Fifth Street right-of-way will be dedicated as part of the platting of this subdivision, which will be accomplished in one phase. In lieu of putting the entire street in immediately, the improvement of this right-of-way will be assessed against the adjacent property and a waiver of rights to protest the assessment should be signed prior to the approval of an Administrative Plat. The proposed Southeast Fifth Street will provide a secondary means of access to Freel Drive, which is currently a dead end street that is ap- proximately one-half mile in length. It is not the intent to build this street immediately, however, no partial extension of this street from the west would be permitted since such extension would not meet the subdivi- sion ordinance requirement of not allowing any street length to exceed 1,320 feet without a secondary means out of the area. Freel Drive is already in excess of 1,320 feet in length, and additional street length off of Freel Drive would only increase the length without another means of access. [See Section 23.23(l)] A partial extension of Southeast Fifth Street from Dayton Avenue would be allowed only if it does not exceed 1,320 feet in length, and only if a turn around could be provided for emergency vehicles and visitors to the area. The City is requesting dedication of an additional 15 feet 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. No sidewalks are shown within the street right-of-way within this develop- ment. The developers must request that the City Council waive the sidewalk requirement. (See attached letter requesting the waiver of sidewalks.) Other Considerations. The possibility of a potential wetland area has been identified on the site. The developer will be submitting information to the Corp of Engineers and the Department of Natural Resources for a determi- nation prior to approval of the Administrative Plat. The soils on this site have been identified as unsuitable for normal con- struction techniques. A note to the plat should state that engineered foundation will be necessary. STAFF COMMENTS: Staff can support this proposed subdivision because of the recent changes to the subdivision ordinance that allows the platting of land in industrial areas when a clear zone easement is obtained to prevent construction of buildings until adequate provision is made for water and sanitary sewer service to each of the lots. Staff believes that this CDP should be recommended for approval only if the following stipulations are attached to that approval, which will assure development is consistent with the appli- cable codes and policies of the City and will not cause undue expense to the public: 1. That the owners of Lots 2, 5, 6, 7, 8, 9, and 10 waive their rights to appeal assessments for the installation of all, infrastructure, including water mains, sanitary sewer mains, streets and storm sewer devices, as appropriate prior to approval of the Administrative Plat. 2. That the owners or lien holders of Lots 4, 5, 6, 7, 8, 9, and 10 grant to the City a clear zone easement that precludes construction of buildings until water and sewer service is provided to the site in accordance with City specifications prior to approval of the Adminis- trative Plat. 3. That a covenant with the City, running with the land, state that said land will not be joined with any other land for purposes of meeting area or yard requirements under City zoning regulations. 4. That permanent access to Lots 8 and 9 be restricted to Southeast Fifth Street and only temporary access be granted to Dayton Avenue until the portion of Southeast Fifth Street adjacent to Lots 8 and 9 is completed. 5. 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. 6. That the developer seek clearance from the Corp of Engineers and the Department of Natural Resources for possible wetland on the site prior to the Administrative Plat. 7. That the Administrative and Final Plat shall note that engineered foundations will be necessary for any new construction. 8. That the storm water management plan be revised prior to the Administrative Plat approval. The Planning and Zoning Commission reviewed this request at their meeting of May 6, 1992 and they recommended approval with the addition of stipulation eight. 6 ALTERNATIVES.: 1. The City Council can approve the Conceptual Development Plan (CDP) for Pete Cooper Subdivision with the eight stipulations listed above. 2. The City Council can approve the Conceptual Development Plan (CDP) for Pete Cooper Subdivision with modifications). 3. The City Council can deny this request to approve the Conceptual Development Plan (CDP) for the Pete Cooper Subdivision. 4. The City Council can table this request for additional information from the developers or staff. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This is a recommendation for approval of the Conceptual Development Plan (CDP) with the eight stipulations listed above. This action will allow the developers to proceed with the platting process. Attachment h\bpo\caf\cooper.512