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HomeMy WebLinkAboutA010 - Council Action Form dated March 13, 1984 ITEM #: 02. 1 DATE: 3-13-84 COUNCIL ACTION FORM SU -T R est for approval of the Conceptual Development Plan (CDP)for Sondaol 's bdiv' ion. BACKGROUND: This is a request for approval of the Conceptual Development Plan (CDP) for Sondrol's Subdivision located at 1001 East Lincoln Way. This is a subdivision that contains 21 lots , seven of which currently are occupied by structures. The developer proposes to subdivide the land to allow for the sale of lots since one lot (No. 2) has already been sold and sale of additional lots requires the approval of a subdivision plat. This CDP was reviewed by the Planning and Zoning Commision at the meeting on January 4, 1984. At that time there was discussion regarding the fact that this subdivision is located in the area known as the Southeast Well Field. Consideration was given to the impact that this development might have on the aquifier if development was not closely monitored. The City staff indicated that the study being conducted by the Iowa State University Water Resources Research Institute was almost complete. The draft of that study had indicated that one of the major recommendations would be that the City adopt the Environmentally Sensitive Area Overlay for the Southeast Well Field area. The Department reviewed the implications of that designation with the Commission. The Commission tabled the request for approval of the CDP until City staff could prepare a recommendation concerning the designation of this CDP for inclusion in the Environmentally Sensitive Area Overlay. At the Commission meeting on January 18, 1984, the City staff recommended that . the CDP be included in the Environmentally Sensitive Area Overlay District. A larger area was recommended for inclusion, bounded by Lincoln Way on the north, Dayton Avenue on the east, Highway 30 on the south and South Duff Avenue on the west, the area being the Southeast Well Field. That area is shown on the map included with the staff memorandum dated January 12, 1984. After reviewing the recommendation of the City Staff, the Commission took the following action: MOTION: (Manatt/Dellman) Move that the Commission approve the Department's recommendations as outlined in the January 12 memorandum. Motion passed unanimously. Although it was the intention of the Commission to have the Environmental Review Area Overlay in effect before the CDP would be approved, the report from the I.S.U. Water Resources Institute has not been completed as originally anticipated. Rather than not process the CDP, the staff has suggested that a 2 restrictive covenant be placed on the property which would restrict the typeps•..: of uses that would be allowed to occur on the property. At some point in the near future if the Overlay District is adopted, the zoning would include the same restrictions included in the restrictive covenant. The owners have indicated a willingness to have such a covenant placed on their property. ALTERNATIVES: 1. Accept the recommendation of the Planning and Zoning Commission to approve the CDP with the stipulation that the Environmentally Sensitive Area Overlay be designated for the Southeast Well Field area. 2. Table this CDP until such time as the area is designated an Environmentally Sensitive Area Overlay District. 3. Deny the request for approval of the CDP 4. Approve the CDP for Sondrol 's Subdivision with the stipulation that a restrictive covenant be placed on the property which will identify uses that will not be allowed because of potential negative impacts on groundwater. MANAGER'S RECOMMENDED ACTION: The City Manager recommends that the City Council adopt Alternative No. 4. This will allow the- developer to proceed with submittal of the Administrative Plat and will provide control over the types of permitted uses through the use of the restrictive covenant. COUNCIL ACTION: DECLARATION OF PROTECTIVEI, , COVENANTS WITH RESPECT TO THE GROUNDWATER SUPPLY TO THE CITY OF AKES, IOWA a. KNOWN AS THE "SOUTHEAST } WELL FIELD" ARTICLES OF DECLARATION made and entered the day of , 1984, by Charles Sondrol and , herein- after referred to as the owner WITNESSETH: Whereas, the owner has the legal and equitable title to certain land herein- after described; and, Whereas, beneath said land is a water supply important to the future needs of the City of Ames, Iowa; and, Whereas, it is the desire of the owner and the City of Ames, Iowa, to protect the general public interest, and the interest of all persons, by guarding against contamination of the water supply of said city; Whereas, to assist'in such protection to the city's water supply the owner desires to declare and dedicate to the City of Ames the benefit of binding restric- tions on the use of said land so as to prevent uses which could lead to contamina- tion of the city water supply, NOW, THEREFORE, the owner declares, covenants and agrees as follows: GENERAL CONDITIONS �.. The following restrictions affect and restrict all the land described as: Beginning at SW corner of Section 1, T83N, R24W, thence west 861.33 feet, thence north 75 feet to point of beginning, thence north 88.39 feet, thence N 14' 44' 40" E 167.4 feet, thence N 14° 44' 40" E 168.0 feet, thence N 22° 43' 40" E 174.12 feet, thence S 891 21' 10" E 628.26 feet, thence N 28° 15' E 56.0 feet, thence N 471 30' E 280.0 feet, thence N 591 00' E 393.0 feet, thence N 1° 13' 10" E 194.65 feet, thence N 88' 17' 20" W 419.8 feet, thence S 831 22' 40" W 495.2 feet, thence S 0° 12' 20" W 75.55 feet, thence S 83° 22' 40" W 930.45 feet, thence S 83' 22' 40" W 382.40 feet, thence south 693.25 feet, thence S 88' 21' 20" E 600 feet, thence south 217.8 feet, thence S 891 34' 15" E 261.32 feet to the point of beginning. and said restriction are and shall be construed as covenants running with the land to the benefit of the City of Ames and the people living in said city, it being the intention of the owner that the following restrictions shall bind and restrict the land, the owner, the owners grantees, successors, and assigns and their grantees, heirs, executors, administrators, successors and assigns. 2. This declaration shall be recorded with the Story County Recorder, and all contracts and deeds of conveyance relating to said land or any part thereof shall contain reference to these covenants, conditions and restrictions applying thereto. 3. All persons entitled by law to enforce and compel compliance herewith, which includes by way of specification but not limitation the aforesaid City of Ames, shall have a full and adequate remedy both in law and in equity to enforce and compel compliance herewith and to benefit from and take advantage hereof and in any such proceeding to have and recover from any then owner all costs and expenses of such proceedings, including a reasonable attorney's fee. 4. These Articles of Declaration do not amend or modify, or supersede or take precedence over the provisions of any ordinances of the City of Ames, Iowa. 5. The-owner does by these Articles of Declaration specifically estop itself and all its successors and all persons presently or hereafter owning or dealing with the land as described herein, from asserting or contending in any manner or fashion that the above and foregoing covenants are not full and adequate covenants running with the land as herein described and binding thereon for all times here- after until expressly modified or amended, if at all, by resolution of the Ames City Council enacted in open and lawful session. 6. Invalidati. of any part of these articles id covenants by judgment or court order shall in no case affect any of the other covenants or portions of these articles which shall remain in full force and effect. SPECIFIC CONDITIONS 7. In consideration of the public welfare and benefit, and as a free and voluntary gift and dedication for the use, benefit and welfare of the City of Ames and the people therein residing, it is covenanted and declared that the owner, the owners grantees, invitees, successors and assigns; and, any and all other persons now or hereafter bound by these articles, shall not cause, do, or permit on the above described land the bulk storage, use in manufacturing, or sales of fertil- izers, pesticides, herbicides, gasoline and other fuels, explosives, or toxic chemicals, except as is reasonable and proper in application to agricultural crops grown on the land. IN WITNESS WHEREOF, the owner has executed these articles as of the date above written. By Charles Sondrol By State of Iowa, County, SS: On this day of , 19 before me, the undersigned, a notary public in and for the State of Iowa personally appeared Charles Sondrol, and, to me known to be the identical persons named in and who executed the fore- going instrument, and acknowledged that the execution of the same was their volun- tary act and deed. Notary Public in and for the State of Iowa GRANTEES ACCEPTANCE The above and foregoing grant and convenant is accepted by the City of Ames, Iowa, pursuant to Resolution No. 84- of the City Council of the City of Ames, Iowa, as of the above date. CITY OF AMES By Attest: F. Paul Goodland, Mayor By Nancy Gibbons, City Clerk STATE OF IOWA, COUNTY OF ss. On this day of A.D. 19 , before me, the undersigned, a NOTARY PUBLIC IN AND FOR THE STATE OF IOWA, personally appeared F. Paul Goodland and Nancy ' Gibbons to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said city; that the seal affixed thereto is the seal of said city; that said instrument was signed and sealed on behalf of said city by authority of its City Council and that the said F. Paul Goodland and Nancy Gibbons as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said city, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 2 �vr/ 1 Q , ITEM #: V MEETING DATE: - 1/4/84 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE PLANNING AND ZONING COMMISSION DATE PREPARED: DECEMBER 28, 1983 MEETING DATE: JANUARY 4, 1984 CDP: Sondr.ol's Subdivision APPLICANT:" Alden Harrison, Charles Sondrol STATUS OF APPLICANT: Owners ENGINEER: Carpenter & Associates LOCATION: 1001 East Lincoln Way SIZE.& NUMBER OF LOTS: Number of Lots - 21 Lot Size - Vary in size from approximately 10,000 sq. -ft. to 20,500 sq. ft. .(not including Lot 21) ® LAND USE AND ZONING: Subject -Parcel: G-I (General Industrial); Industrial, Vacant North: . G-I (General Industrial); Railroad South: G-I & A-1 (General Industrial)(Agricultural); Agricultural East: G-I (General Industrial); Industrial West: G-I &- G-C (General Industrial)(General Commercial); Industrial/Commercial FINDINGS: Land Use Policy Plan The Land Use Policy Plan designates this area for industrial development Public Utilities Water: 12" water line in 'East Lincoln Way Sanitary Sewer: 8" sanitary sewer line enters the site form the southwest corner Storm Sewer: Drainage and ditch along Lincoln Way Utilities are adequate to serve the site and have been constructed to a portion of the site. © Vehicular Access Vehicular access will be provided from East Lincoln Way. 2 Physical Characteristics Vegetation: Portions of the area have been filled and the vegetation is comprised of grasses and small woody stemmed plants . Terrain: Generally flat. Drainage: Generally to the east and south. Soils: Because of the filling that has been done in the area, there is no way to determine soil characteristics . Flooding: The property is subject to flooding from the Skunk River although the first floor elevations of the buildings constructed on the site have been established above the maximum 100—year flood elevation. ANALYSIS: 1 . This property has been zoned for industrial purposes since 1965. The zoning was not modified as a result of the recent community—wide rezoning. 2 . There are seven buildings located on this property. Those buildings have been built by the subdivider and leased to various commercial establishments . 3. The developer has indicated that a portion of the street will be paved as a part of Phase One, which will be the first area for which a final plat will be prepared. This will include Lots 1 — 5 and this paving will be done during 1984 as part of the city paving program. 4. Lot 21 is an area that is a water—filled quarry area. At this point in time, the property owners have no plans for this area, and it is anticipated that the water area will remain basically unchanged. Because of the industrial nature of the surrounding area, this area would not be attractive from a recreational standpoint. 5. During the recent staff review of the industrial areas in Ames , one of the major problems identified was. the unsightly appearance of many of the properties along East Lincoln Way. Although the subject property is not a major offender, very little landscaping has been provided adjacent to the buildings that have been built and along the East Lincoln Way frontage. It is suggested that the developers consider placing landscaping in appropriate areas throughout the development. - 6. This parcel is located in the Southeast Well Field. The City Water Department has been asked to comment as to whether there are any problems or impacts expected as a result of this development. Those include the following: "1) Protect surface water quality because of connection to groundwater. 1°2)."Use only good fill material--no cinders/fly ash; no decomposable material like wood/house demolition. "3) Isolate hazardous/toxic chemical storage and provide double protection (impervious cover and tank/concrete enclosure)." 3 t � e DEPARTMENT RECOMMENDATION: The Department of Planning and Housing recommends that the Conceptual Development Plan for Sondrol's Subdivision be approved. t _ 12 -- CONCEPTUAL DEVELOPMENT PLAN 13 11 - t / IL SONDROL S SUBDIVISION Y. li aer 14 I 1 10.- _ caswm _ i 21 3 15 WECOM '1. �'�- mtxm l90 _ __� ___i_� __--t :, ` __. /.•. �/ roan®mTeaew �—� . 7 6'�a ov _ �\ �.wm u�rae+sff m —sew af/11/Y�. 16 - 5 4 201 ` - /,� L 17 /L s.�u r�ww waves � . 1 s 2 ' 9 I• aV G jwc— Tan laa✓ _ - iaar��� __. _ e r [ •MARRIED © .. _ DU R LL w STUDENT P' CI C HOUSINGST F f Ia 5i••029• �� NAM7NORNE r 4 01.515 APARTMENTS 12 7 J ST I III I STao.• t II s AMES �• EROON SIDE PA RN A MUNICIPAL` 1 I; n r — R ST IF Y C[Y[Tf Rt.,l HATT 5L is ■ E y ►, ST a _ PROPOSES BDIVISION Will ULL-M pope 2T CLLEGE CREM - C p 1[M Y2ir: AL on so Ati � > W W ty' • f . 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CONCEPTUAL DEVELOPMENT PLAN i Sondrol's Subdivision AIRPORT ROAD ANES P / MUNICIPAL AIRPORt a nem ar. \ aw eL[ 1 ,ram` o•at C1 CL! = Il YOwD COUIr A moms Er = rr er all ArNrWW/HNNYCY-all - NrM/N/HHK WAS Expit neell soft ,� :lw�Mlrr/Mrr/rrreee' �lr�•i•woeWwoHeue•` ' � '1-Ir••r wrclrrNrrrworurr, corr rs.r.rr:INrorHruurH. �' w L ..w.a.c•�•-arNrrrNruoro l � u �EMC7rMHMreNeeeHl:. /eesrrerre//eWrrererrrl ^, /rrww�►���rrw�/N�r//I« rt;il•I:ICMA 7't A•JtU►Ctae�r//+ -.•' - 4 `. `f 1 ,t` ee/rrwNerw/errwrs« _ ■/ever■: Y 'Alree ■■//rer■er/e/■er]re/eel ;s IerH erect■Hee■/rHy =mmol Issom ��1♦/ ;klHeer/ere■HreNlr^N/Ooril ,lt. _ •. ••'>le owl ale/r/reeer■eeerrr/'•eeeereere 'o j 1/eHHeroHHHe.ouor; '. z •� � f�—��:�: :��iirii-xiiiiiiiii, � «>t/r/e/HNNreri� •^ -«muurrHoewruaairis�_.�1, -.1/rereeere/rerrFra r�e was eere/i.•a HeHrH/N/M•7eHHr■/\• q rNer/■NerUe//N NreeeHOe ^ 1/rO/NNeerNeee`.�eereOH� oHeNeH/ereN�/err/recto\l 1/H/eN/r/HrrrN�q•/rHrereee; CrrrrerHe/ereee/i.rreereeeee/1l �r 111He/eNreee■eeN Dere/eeerel +.;.« N/H/rrerNerHN y.Ne■■eHeH• `. �NHe/errHre/HM.. •NHeereO• * ,;�NT7rR���7lerrM 4Nrc!•e//r/■■uHN vNiiiiiiiiii y , Neiltee///eere■/H eeeeeer/rerl n .•fi' r.4 lUrrrreH/Hre3NH/rerrrrl ^ -W y H9NereeerHN NH■reul °94d/Nr■H/eere/H i!Nr . i • Sec. 29.5.1 ENVIRONMENTALLY SENSITIVE AREA OVERLAY (1) Purpose. It is the purpose of this section to set out addi tional regulations for review and control of development and construction in areas found to be and -designated as,especially sensitive - to adverse public impact from development due to unique environmental circumstances pertaining to the site. (2) Designation of the Area. For purposes of, these regulations an area may be esignated by resolution of- the City Council, after having received the advice and comments of the Plan- ning and Zoning Commission, as an Environmentally Sensitive Area Overlay if the results of scientific study of the area support the conclusion that the area so .designated is especial- ly sensitive to adverse public impact from development due to unique environmental circumstances. (3) Studies. The:staff of the Department_of'Community Develop- menF and the Ames Planning and' Zoning Commission are authorized and expected to conduct studies .to evaluate areas Im teems of. environmental sensitivity as a part of the cont.inu- ing process of maintaining a current comprehensive land use plan for the City. Additionally, studies done by or for other governmental or private parties may be adopted for the pur- pose of this section. (4) Development Process/Plan Required, Procedure. In an area designated as. en rtv env y sensitive no zoning or building permits shall be issued and no grading, excavation, construc- tion, or change in use shall occur except in accordance with a flan of development reviewed and approved by the City Council. The procedures governing application, review and approval of such plans shall be the same as those pertaining to. the review and approval of Planned Unit Developments as provided for in this chapter.. As a part .of such planning and review - process the developer .shall prepare and .submit an which ,Environmental Assessment Report ich . shall .set out with specificity how the problems identified in the study. on .which the Environmentally Sensitive Area . Overlay designation is based will be Solved, obviated or mitigated in the public interest. No development plan shall be approved until the City Council shall have reviewed and approved an Environ- mental Assessment Report for development of the area (5) Compliance with Plan - Enforcement. Development or other activities in conflict wrtF the plan; or failure to Implement the flan, including the measures set out in the Environmental Assessment Report in accordance with the schedule establish- ed in the flan shall constitute a violation of this section for which any and all enforcement means and remedies established by law for zoning regulations may 'be invoked- and instituted. - a a u•s •. a DATE 1/18/84 AMM T r1\C TO: Planning and Zoning Commission 0 FROM: Department of Planning and Housing DATE : January 12, 1984 SUBJECT ! Sondrol 's Subdivision At the meeting on January 4 , 1984 , the Commission tabled the CDP for Sondrol' s Subdivision to provide staff an opportunity to prepare an Environmentally Sensitive Overlay for the area comprising the subdivision. In discussing this with Tom Neumann, Assistant Director, Water Department, it was decided that it would be possible to proceed with designation of the entire area that should be included in the Environmentally Sensitive Overlay District. The report currently being prepared by the Iowa State University Water Resources Institute will be completed in January and may be presented to the City Council on January 31 . City staff has had the opportunity to review a draft of the study and one recommendation deals with the need to include this area in the . Environme.ntally Sensitive Area Overlay. This point was included during the discussion with the Commission at the meeting on January 4. In reviewing the discussion with the Commission and based on the fact that the staff is aware of the recommendation of the study, the Department is recommending that rather than deal with the Sondrol ' s Subdivision individually, the designation should .be identified at this time for the entire area to be included in the Environmentally. Sensitive District. The Department has consulted with Tom Neumann, and the attached map indicates the areas that should be included in the overlay area. In addition, the study being conducted by the Iowa State University Water Resources Institute will satisfy the Ordinance requirements dealing with the need for a study for the area.. A copy of the Environmentally Sensitive Area Overlay Dis-trict is attached. Item (4) of the Overlay District spells out the requirements under which development may occur. Please review that section as to be familiar with the stipulations dealing with development proposals in the Overlay District.