HomeMy WebLinkAboutA044 - Commission Action Form dated June 20, 2012 1
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ITEM # 7 & 8
DATE 06-20-12
COMMISSION ACTION FORM
DATE PREPARED: June 15, 2011
REQUEST: Revisions to the Approved Preliminary Plat and Master
Plan for South Fork Subdivision
MEETING DATE: June 20, 2012
PROPERTY OWNER: Pinnacle Properties Ames
4114 Cochrane parkway
Ames, Iowa 50014
LOCATION: Generally bounded by Beedle Drive, Cochrane Parkway,
Sunflower Drive, and Tripp Street. A Location Map is found
on Attachment A.
LAND USE POLICY PLAN: Village/Suburban Residential
ZONING: Suburban Residential Low Density (FS-RL), Suburban
Residential Medium Density (FS-RM)
BACKGROUND:
Project Description. This is a proposal to revise the Preliminary Plat and Master Plan for
South Fork Subdivision, approved by the City Council on August 14, 2001. The submitted
document suffices for both the Preliminary Plat and Master Plan.
South Fork Subdivision was first approved in 2001. It is a residential development of
approximately 56 acres. It was configured to allow for multi-family housing, single-family,
attached, and single-family detached homes. Concurrent with the Preliminary Plat in 2001,
the City Council also approved FS-RL Suburban Low-Density Residential and FS-RM
Medium Density Residential.
The area covered by South Fork Subdivision is bordered on the north by commercial uses
that abut Lincoln Way, on the east and west by residential uses of varied densities, and on
the south by the Ames Middle School. College Creek and its associated Floodway skirt the
south portion of the development.
The land use and zoning will continue as it is currently designated. FS-RM Suburban
Residential Medium Density is found along the north and central part of the development.
This zoning allows for apartments and townhomes. FS-RL Suburban Low Density
Residential zoning is found along the west, south, and east portions of the development
and is intended for single-family homes.
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Three final plats have been finalized consistent with this approved preliminary plat. South
Fork Subdivision First Addition includes lots for apartments on Tripp Street, single-family
and bi-attached homes on Marigold Drive, and single-family homes on Dotson Drive.
South Fork Townhomes Subdivision comprises a small number of attached townhouses on
Marigold Drive. South Fork Subdivision Second Addition platted a number of single-family
homes on Beedle Drive, Harris Street, Coy Street, and Bellflower Drive.
Large outlots in the southwest, south central, and southeast parts of this development
remain for future development.
As noted above, the final plats that have been approved are consistent with the approved
Preliminary Plat and Master Plan, but are not identical. During the preparation of those
three previous final plats, lot lines have been eliminated or adjusted to accommodate larger
lots for apartments and smaller lots for townhouses. In order to ensure an accurate record,
staff required the developer to update the entire Preliminary Plat and Master Plan drawings
to reflect those changes that occurred during the final plats but were never noted on the
previously approved Preliminary Plat and Master Plan. Under the requirements of Section
23.306 of the Ames Subdivision Regulations, the differences between the existing and
proposed plats constitute a "major amendment." A major amendment requires a full
submittal and review of the changes as for the original Preliminary Plat.
Project Changes. This Preliminary Plat and Master Plan seeks to add two additional
residential lots to South Fork and to adjust the southern boundary of a third lot. Specifically,
Lots 151 and 152 are proposed to be created out of what was to be Outlot F. Outlot F
contains a storm water detention pond at the south end. A development agreement that
was approved concurrent with the Preliminary Plat and Master Plan in 2001 stated that
Outlot F was to have been attached to land to the west which, at the time, was Lot 2,
Willow Creek Fourth Addition. However, Lot 2,Willow Creek Fourth Addition was eventually
platted as Estates at Nature's Crossing without the addition of Outlot F. The purpose of
attaching Outlot F to the adjacent property was to ensure a responsible party to cut
vegetation and remove trash accumulations around the detention pond since there was no
homeowner's association proposed for maintenance of the lot. As presented by the
developer, the lawn care responsibility around the storm water detention pond will be the
owner of proposed Lot 152. The City, by easement, will be responsible for long-term
functionality of the storm water facility.
In addition, Lot 114 on the south side of Cochrane Parkway will be extended to the south to
provide a deeper lot. This area is within the regulated Floodway and will be protected, when
final platted, by a Greenbelt and Open Space Easement as shown on the plat.
In all other respects, this Preliminary Plat and Master Plan is consistent with the approved
Plat and Plan from 2001 and as subsequently final platted.
Applicable Law. Laws pertinent to the proposal are described on Attachments B and C.
Pertinent for the Planning and Zoning Commission is Sections 23.302(3) and 23.302(4)as
described in Attachment B.
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Density Information. The gross area of the South Fork development is 56.07 acres. By
zoning designation, the FS-RL achieves a density of 4.39 dwelling units per acre and the
FS-RM achieves a density of 18.35 units per acre. These densities meet the minimums of
3.75 and 16.4, respectively, as stated in the Land Use Policy Plan.
Lot Configuration. All lots meet minimum size requirements for the zoning district. In
addition, corner lots seem appropriately sized to accommodate two front setbacks and two
side setbacks.
Since there were some minor changes in the number of lots at the time of those final plat
approvals (as noted above), the lot numbers in the Plat have changed from the original
designations. However, for that portion of the Plat and Plan which has not yet been final
platted, there remain some gaps in the consecutive numbering of lots. Staff will recommend
in the Alternatives below that the numbering of lots in that portion of the Preliminary Plat
and Master Plan which have not yet been final platted be revised to be consecutive
numbers.
Utilities, Easements, and Sidewalks. Public improvements are proposed to serve the
subdivision and will be available to all lots. In accordance with City policies, it is anticipated
that most public infrastructure will be constructed and inspected prior to submitting a final
plat for new lots. Alternatively, the developer may post an acceptable financial instrument.
Standard procedures in the subdivision code for sidewalks and street trees require
installation of these improvements prior to final plat approval unless the Council approves
deferral of installation subject to the provision of financial security. Standard practice has
been to defer the installation under the provisions of a Sidewalk Installation Agreement that
requires sidewalk and tree installation prior to occupancy of each fronting lot. That allows
for construction activity to occur between the lot and fronting street without damage to
newly installed sidewalks or trees.
One item that will need a change on the proposed Preliminary Plat concerns the two
"walkway easements." One easement lies between Lots 112 and 113, and the other lies
between Lots 108 and 109. Although these easements will not be created until the Final
Plat is approved, the Preliminary Plat should be updated to reflect that the ownership
interest is with the "public."
South Fork Subdivision Development Agreement. A Development Agreement was part
of the original approval of South Fork Subdivision on August 14, 2001. Most of the
provisions of the Development Agreement remain in force. However, the provision relating
to Outlot F and its requirement that it be attached to a portion of Lot 2, Willow Creek Fourth
Addition will need to be updated or revised since Lot 152 will now contain the storm water
pond.
FINDINGS OF FACT & CONCLUSIONS:
Staff makes the following findings of facts and conclusions. These are applicable to both
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the review of the Preliminary Plat and the Master Plan.
FINDING 1.The entirety of the South Fork development is designated as"Village/Suburban
Residential" on the Land Use Policy Plan Map.
CONCLUSION: The proposed Preliminary Plat and Master Plan is consistent with the
Land Use Policy Plan and the associated Land Use Policy Plan map designation of the
site. Staff is not aware of any other inconsistencies with the Land Use Policy Plan;
therefore, staff concludes that Section 23.107 of the Ames Subdivision Regulations and
Code of Iowa Chapter 354, Section 8 have been satisfied.
FINDING 2. The proposed subdivision complies with all relevant and applicable design and
improvement standards of the Subdivision Regulations, to other City ordinances and
standards, and to the City's Land Use Policy Plan. However, to ensure clarity at the time of
the submittal of the Final Plat, the walkway easements lying south of Cochrane Parkway
should be noted as "public walkway easement."
CONCLUSION: Staff concludes that Section 23.107 as well as Division IV Design and
Improvement Standards of the Ames Subdivision Regulations have been met.
FINDING 3. The Development Agreement that was approved with the original Preliminary
Plat for South Fork Subdivision had specific requirements for the disposition and ownership
of Outlot F. The City's interest, as noted in the Development Agreement, is in the absence
of a homeowner's association to have a responsible party undertake the lawn care and
trash collection of the area around the storm water detention pond. As proposed in this Plat
and Plan, the owner of Lot 152 will have that responsibility.
CONCLUSION: Staff concludes that with an appropriate amendment to the
Development Agreement prior to Preliminary Plat and Master Plan approval, the spirit of
that Agreement and of the City's interests in maintenance, will be satisfied.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council approve
the revised Preliminary Plat and Master Plan for South Fork Subdivision, as illustrated
on Attachment A, based upon the findings of facts and conclusions in this report,
conditioned on:
a) updating the lot numbering of those lots which have not yet been final platted to
consecutive numbers, and
b) placing an amended Development Agreement before the City Council prior to
action on this amendment to the Preliminary Plat and Master Plan to address the
requirement that Outlot F was to have been combined with Lot 2 of Willow Creek
Fourth Subdivision, and
c) amending the description of the walkway easements between Lots 108 and 109
and between Lots 112 and 113 as "public walkway easement."
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2. If the Planning and Zoning Commission finds that the proposed Preliminary Plat does
not conform to all adopted standards and applicable law pertaining to subdivisions, the
Planning and Zoning Commission may recommend that the City Council deny the
revised Preliminary Plat and Master Plan for South Fork Subdivision.
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information to be provided at a Planning and Zoning
Commission meeting before July 20, 2012.
DEPARTMENT RECOMMENDATION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of the
Department of Planning and Housing that the Planning and Zoning Commission act in
accordance with Alternative No. 1, which is to recommend approval of the revised
Preliminary Plat and Master Plan for South Fork Subdivision, conditioned on:
a) updating the lot numbering of those lots which have not yet been final platted to
consecutive numbers, and
b) placing an amended Development Agreement before the City Council prior to
action on this amendment to the Preliminary Plat and Master Plan to address the
requirement that Outlot F was to have been combined with Lot 2 of Willow Creek
Fourth Subdivision, and
c) amending the description of the walkway easements between Lots 108 and 109
and between Lots 112 and 113 as "public walkway easement."
S:\PLAN_SHR\Council Boards Comm issions\PZ\Commission Action Forms\Preliminary Plats\SouthForkRevised Pre IimPlat-06-20-
12.docx
ATTACHMENT B
Applicable Subdivision Law
The laws applicable to this revision to the Preliminary Plat for South Fork Subdivision
include, but are not limited to, the following: (verbatim language is shown in italics, other
references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions
for subdivisions within the City limits and within two miles of the City limits of Ames.
Ames Municipal Code Section 23.302(3):
(3) Planning and Zoning Commission Review:
(a) The Planning and Zoning Commission shall examine the Preliminary Plat, any
comments, recommendations or reports assembled or made by the
Department of Planning and Housing, and such other information as it deems
necessary or desirable to consider.
(b) Based upon such examination, the Planning and Zoning Commission shall
ascertain whether the Preliminary Plat conforms to relevant and applicable
design and improvement standards in these Regulations, to other City
ordinances and standards, to the City's Land Use Policy Plan, and to the City's
other duly adopted Plans.
Ames Municipal Code Section 23.302(4):
(4) Planning and Zoning Commission Recommendation: Following such examination
and within 30 days of the regular meeting of the Planning and Zoning Commission at
which a complete Application is first formally received for consideration, the Planning
and Zoning Commission shall forward a report including its recommendation to the
City Council. The Planning and Zoning Commission shall set forth its reasons for any
recommendation to disapprove or to modify any Preliminary Plat in its report to the
City Council and shall provide a written copy of such reasons to the developer.
Ames Municipal Code Section 23.302(5):
(5) City Council Review of Preliminary Plat: All proposed subdivision plats shall be
submitted to the City Council for review and approval in accordance with these
Regulations. The City Council shall examine the Preliminary Plat, any comments,
recommendations or reports examined or made by the Planning and Zoning
Commission, and such other information as it deems necessary and reasonable to
consider.
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Ames Municipal Code Section 23.302(6):
(6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether the
Preliminary Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances and standards, to the
City's Land Use Policy Plan and to the City's other duly adopted plans. In
particular, the City Council shall determine whether the subdivision conforms to
minimum levels of service standards set forth in the Land Use Policy Plan for
public infrastructure and shall give due consideration to the possible burden of
the proposed subdivision on public improvements in determining whether to
require the installation of additional public improvements as a condition for
approval.
(b) Following such examination and within 30 days of the referral of the
Preliminary Plat and report of recommendations to the City Council by the
Planning and Zoning Commission, the City Council shall approve, approve
subject to conditions, or disapprove the Preliminary Plat. The City Council
shall set forth its reasons for disapproving any Preliminary Plat or for
conditioning its approval of any Preliminary Plat in its official records and shall
provide a written copy of such reasons to the developer.
Ames Municipal Code Chapter 23, Subdivisions, Division III, provides the procedures for
the subdivision of property; specifically Section 23.302 discusses Major Subdivisions.
Ames Municipal Code Chapter 23, Subdivisions, Division IV, identifies design and
improvement standards for subdivisions.
Ames Municipal Code Section 23.403(14) & (15) requires installation of sidewalks and
walkways and bikeways in subdivisions.
Ames Municipal Code Chapter 29, Zoning, Section 29.1202, includes standards for the
Suburban Residential zone.
Ames Municipal Code Chapter 29, Zoning, Table 29.1202(5)-2 includes Residential
Medium Density (FS-RM) Supplemental Development Standards.
Ames Municipal Code Chapter 29,Zoning, Table 29.1202(6) includes Suburban Residential
Floating Zone Suburban Regulations.
Ames Municipal Code Section 23.107 reads as follows:
In addition to the requirements of the Regulations, all plats of land must comply with
all other applicable City, county, state and federal statutes or regulations. All
references in the Regulations to other City, county, state or federal statutes or
regulations are for informational purposes only, and do not constitute a complete list
of such statutes or regulations. The Regulations are expressly designed to
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supplement and be compatible with, without limitation, the following City plans,
regulations or ordinances:
(1) Land Use Policy Plan
(2) Zoning Ordinance
(3) Historic Preservation Ordinance
(4) Flood Plain Ordinance
(5) Building, Sign and House Moving Code
(6) Rental Housing Code
(7) Transportation Plan
(8) Parks Master Plan
(9) Bicycle Route Master Plan
Plats may be disapproved on the basis of the above, and other City Council
approved plans and policies that may be adopted from time to time.
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ATTACHMENT C
Applicable Master Plan Law
The laws applicable to this revision to the Master Plan for South Fork Subdivision include,
but are not limited to, the following: (verbatim language is shown in italics, other references
are paraphrased):
Ames Municipal Code, Chapter 29, Section 29.1202, provides the zoning provisions for
"Suburban Residential" development in the "FS-RU and in the "FS-RM"zones. Suburban
Residential development principles, permitted uses, supplemental development standards,
and regulations for minimum required densities, requirements for lot and block design
requirements, open space, landscape buffers and parking are provided.
Ames Municipal Code, Chapter 29, Section 29.1502(5), provides submittal requirements
and procedures for processing a "Master Plan."
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ATTACHMENT D and E
Existing Approved and Proposed Plat and Plan for South Fork
Attached Separately
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