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HomeMy WebLinkAboutA011 - Council Action Form dated February 12, 2002 ITEM # DATE 02/12/02 COUNCIL ACTION FORM SUBJECT: REQUEST TO WAIVE INFRASTRUCTURE REQUIREMENTS FOR A TWO-LOT SUBDIVISION AT 2042 SOUTH 500T" AVENUE, LOCATED OUTSIDE THE CITY'S CORPORATE LIMITS IN STORY COUNTY, BUT WITHIN THE TWO-MILE JURISDICTION OF THE CITY. BACKGROUND: Proposal. The owners of property, located at 2042 South 500t' Avenue, propose to divide their 5.67 acres of land into two (2) lots. The north lot would include approximately 1.9 acres and the south lot, approximately 3.7 acres. The owners presently live in the house on the north lot and plan to move into a single-family dwelling they would construct on the south lot. Development of the south lot also includes a detached garage, which has recently been constructed. Access to the south lot would be provided by a gravel driveway, which extends east from 500'Avenue parallel to the north property line of the north lot and would cross over from the north lot into the south lot. Location. The proposed subdivision is located outside of the City's corporate limits in Washington Township, on the west boundary of Story County. The subject property is located approximately: • One-half (1/2) mile south of U.S. Highway 30; • One and three-eighths (1-3/8) miles west of the corporate limits south of U.S. Highway 30; and, • Three-eighths (3/8) of a mile west of the corporate limits abutting the north side of U.S. Highway 30. (See attached Location Map.) Request for a Waiver of Infrastructure Requirements for a "Major Subdivision". The property owners are requesting that the City Council waive the subdivision requirement to install infrastructure for a "Major Subdivision". The proposed subdivision is classified as a "Major Subdivision" because public improvements, including municipal water and sanitary sewer, are not in place, and extension of such infrastructure would be necessary to serve the proposed subdivision. To comply with the City's requirements for"Major Subdivisions", the applicants must install water and/or sanitary sewer lines in the proposed subdivision in compliance with the standards and specifications of the City of Ames. Waiver/Modification of Subdivision Ordinance Requirements. Section 23.103 of the Subdivision Ordinance states that: 'Where, in the case of a particular subdivision, it can be shown that strict compliance with the requirements of the Regulations would result in extraordinary hardship to the applicant or would prove inconsistent with the purpose of the regulations because of unusual topography or other conditions, the City Council may modify or waive the requirements of the regulations so that substantial justice may be done and the public interest secured provided, however, that such modification or waiver shall not have the effect of nullifying the intent and purpose of the Regulations. In no case shall any modification or waiver be more than necessary to eliminate the hardship or conform to the purpose of the regulations. In so granting a modification or waiver, the City Council may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so modified or waived. Subdivision Jurisdiction. The proposed subdivision is subject to the requirements of the Story County Subdivision Ordinance and subject to the requirements of the City of Ames Subdivision Ordinance, since the land is located within two miles of the corporate limits. Future Land Use Map Designation. The subject property is designated on the Future Land Use Map as "Greenway". This map identifies a greenway system that encompasses portions of environmentally sensitive areas. These streamways and natural resources are recommended for protection and use as passive recreational areas. Linking them together with the City's existing parks and open space creates a greenway system serving the entire community. The "Greenway" designation for the subject property includes the areas identified as "Floodway" and "Floodway Fringe". Land Use Policy Plan (LUPP). The LUPP supports the requirement for "public infrastructure" in rural subdivisions located within two miles of the corporate limits. Goal No. 2 reads as follows: Goal No. 2: "...it is the goal of Ames to assure the adequate provision and availability of developable land. It is the further goal of the community to guide the character, location and compatibility of growth with the area's natural resources and rural areas." The proposed subdivision includes land area located within an identified flood plain. Development of the subdwision must-be in_ aor_dance with the regulations th t govern the ff ood IajtfaWrae_Ceel 2 Goal No. 3 reads as follows: Goal No. 3: "...Ames seeks to be compatible with its ecological systems in creating an environmentally sustainable community." Objective 3B reads as follows: Objective 3B.: `Ames seeks to maintain and enhance the value of its stream corridors as drainageways and flood management areas, plant and animal habitats, recreational and scenic areas and pathways for linking the overall community." Objective 3C reads as follows: Objective 3C.: `Ames seeks to protect and conserve its water resources for the following purposes: aquifer protection; water quality protection; user conservation management; plant and animal life support; water-borne recreation; scenic open space; and provision of a long-term/reliable/safe source of water for human consumption and economic activities." Development of the subject property, must protect the flood plain management area of the subdivision, and the quality of water in the Worle Creek drainageway. Goal No. 5 reads as follows: Goal No. 5: "It is the goal of Ames to establish a cost-effective and efficient growth pattern for development in new areas and in a limited number of existing areas for intensification. It is a further goal of the community to link the timing of development with the installation of public infrastructure including utilities, multi-modal transportation system, parks and open space." Tina, to rP�ionWyy a�, This is the portion of land in the Planning Area, which is targeted for future residential growth. To the extent that major landholders can make sites available, new development should be concentrated in the Southwest Growth Priority Area. The portion of the Southwest Growth Area located north of U.S. Highway 30, represents the most immediate opportunity for residential growth since infrastructure is already in place or is adjacent to these areas and can accommodate near-term development. E--x-teasio i =f unieipaiawa#er ,,d4��r ew c-esttq}-tho.proposed subdivision., loa_#e> nutf�Ulgtwa}r3,Q:;would present a"leapfreg'�pattern of d ve elopment-t at wout fiesultsinva ira ne dentuextensmnco�municipal infrastructure-andyservice�:. Staff would note that the intent of these policies requiring urban infrastructure in subdivisions located in the County, but within the City's two-mile jurisdiction area, is to try to prevent problems similar to those that the City has had recently with the County subdivisions located to the southwest of the City's corporate limits. 3 New Lands Policy Options for Residential Expansion Areas. The Land Use Policy Plan states that: `The goal for New Lands is to establish expansion areas to meet most of the projected residential growth. These expansion areas involve mostly the unincorporated Planning Area adjacent to the City, plus some agricultural locations remaining within the City." The proposed subdivision is located within the portion of the "New Lands" area referred to as the Southwest Growth Priority Area. This is the portion of our Planning Area that has been identified by the City as the desired area for residential expansion. The creation of additional residential lots for development is consistent with the land use policies that have been established by the City. Flood Plain. Worle Creek passes through the subject property and continues east into Ames where it flows into Squaw Creek between South Fourth Street and South Sixteenth Street. The Story County FEMA Floodway Map shows that portions of this property are identified as "Floodway", and other portions of each lot are located outside the "Floodway", but in the "Floodway Fringe". The "Sketch Plan" submitted for review by the City, shows the boundary for the 100-year flood plain. The proposed house and detached garage, as shown on the "Sketch Plan", are located outside the boundaries of the 100-year flood plain. Extension of Municipal Sanitary Sewer and Water Services. Extension of sanitary sewer services to the proposed subdivision would require the installation of a trunk sewer (estimated to be 18-inch diameter pipe) from a point near the intersection of Worle Creek and State Avenue, inside the corporate limits, west along the Worle Creek drainageway for a distance of approximately two (2) miles. Extension of municipal water services would require the installation of water main (estimated to be a minimum of 12-inch diameter pipe) south along 500t' Avenue (County Line Road) from a point near the intersection of Mortensen Road extended and 500 Avenue for a distance of approximately three-quarters (3/4) of a mile. Water magi rs • xtet�sion�f`• o th proposed water tower side to the��tar �nterseetion of°" 4A4o ins_maR a,d : venue by-NovembEr, 20©2 The existing house on the proposed north lot is served by Xenia Rural Water services. The rural water service may also be extended to the south lot, or the property owners may decide to drill a well as a source of water for the proposed house on the south lot. Staff believes these are acceptable alternatives of providing water service to the proposed subdivision prior to annexation, since municipal water service would not be extended to the subdivision without annexation of the subject property and all property between this and the current corporate limits for Ames. In addition, because sanitary sewer service is not available to this site, the applicant is proposing to utilize a septic system for the two (2) proposed lots in this development. Jba#�1 t ateafu,tur the it _ rroTpl ns=of en i gg-san`ta ewer-and=wator� . =ose-dd-�subdi ,isierkiowever, te�pro-.posedsubdivisionisloated �the _ outhwesta&Qmdb*Q60 re- mdd_ Janq.ferr�t s.planned that municipal�sanita auuul, �.p v�. 6 h. .n.�... '€i terse s,�wo.uld�be extended-to the�land,�r..ea�ira�and�s_urr�o4nd�ng 4 The City's subdivision standards require the installation of "dry pipes" for future sanitary sewer and water mains on land within two (2) miles of Ames for future connection to municipal sanitary sewer and water services. Since it may be several years before municipal services would connect to the "dry pipes", staffmbeliemes=-, here. is_ orxae j_st fie-atjoasJwg- ranting uaiver-torthe quifementsiDrAhe--lnstallatiomof:such@.municipal �: ,gas#r 4 eturat�tiiis�tina However, staff believes it is prudent to reserve the land area to serve the proposed subdivision and other land area in the Southwest Growth Corridor with municipal services in the future as public infrastructure is extended into this area. Note: IS�belreve r s rrece sarji`tl at the property o ners-ao t e oposed-stfbdivisio-is -_b&e : h- ,.o ntWMte=an=-ag eeemen with-Ahe-City=toTro�id,e an-Qasement,Qat nest; - them ,� -s svtifrtrcture ►rarOpeubilO�for. - fea _=athmee ,-�hat he=G-itEy-- teems it cessar-yzto-:construLt-sarch:infrastructure-improvgmen hem ease�►�nt-- h��la�d�rnthe=-entire---pro�se�t�at� 's�#l►� nzl=the=location=is=to=be further ef�ned:atthe-Wtrme1that sari#-ry-sewerimpr_o em nt&�amz a-b constr_uc#e his agremoru isesign'ed-byhe-property owners;prior=o neo siderationafjhe-Fiaat Plat b y 4 1 iel e ity —ou;=iIA. Note.�SA#af14belrevesat�necessary haT-th�roperty-owners=waive=their=rrghts=to objectato --f., ;w asses's-en-ts--for7p-u -fic:improvemen s;=rnclu ing=bu#�::tTot=limited=tarzstimt--paving, ., _'o-y-c�l~e aths s dlo- walks zand::utdityjmpro-rementsT:prior=to=consi erafiomof-tlie Final plat -by he E�ty m=0. Rural Water and Septic Systems. The property owners presently have access to water service provided by Xenia Rural Water, for the existing house on the proposed north lot. The property owners may extend rural water service to the proposed south lot, or may dig a private well to provide water for the south lot. The existing well on the property has been plugged, upon direction by the Story County Health Department. A common septic system, to treat the wastewater from both lots, is proposed. This would replace the septic system serving the existing house on the proposed north lot. Inspection by the Story County Health Department. The subject property was inspected by the Story County Health Department on August 15, 2001, because of the proposed property sale. Major concerns addressed during the inspection included the following: • Existing older home served by a concealed subsurface wastewater disposal system. No open wastewater discharge found entering the ditch, which runs through the property from west to east. Home served by Xenia Rural Water Association water distribution line. • Well found on the property in a condition defined as "unprotected" according to current IDNR requirements. Options for correction outlined and route taken was that of eliminating the well by proper plugging. The well was seen plugged on September 18, 2001. 5 Recommendations by the Story County Health Department. The Story County Health Department has reviewed the proposal for developing the subject property and provides the following findings: • The major interest is that a proper functioning treatment system is put in place. • The best soils on the site for a private wastewater treatment system are located in the northeast corner of the site. • The existing home has access to the better soils in the area, or has less concerns for a replacement system. • If the northeast area of the site is split between the existing home and the new home, with a common treatment system, then a plan needs to be drafted and approved by the Story County Health Department. • Systems such as a mound type or intermittent sand filter could be considered for the new home's needs on the side slope, foot slope, or terrace areas. Other Issues Affecting Approval of the Final Plat. Although the following issues do not affect the City Council's decision with regard to granting of the request for a waiver of infrastructure requirements, staff wishes to bring these items to the attention of the applicants and the City Council prior to submittal of the Final Plat for consideration by the City. 1. City staff believes it is necessary that the Story County Health Department approve a plan for wastewater treatment and disposal, prior to consideration of the Final Plat by the City Council, should the City Council approve the request to waive the infrastructure requirement. 2. If a joint treatment system is planned for use by both lots, City staff believes it is necessary that a signed agreement, which assigns the responsibility for construction and maintenance costs be approved by the Story County Health Department, and submitted to the City, prior to consideration of the Final Plat by the City Council. 3. City staff believes it is necessary that the property owners provide a cross easement for access between the two proposed lots, prior to consideration of the Final Plat, and file the cross easement with the property deed for each lot. Staff Comments. This proposal for a rural subdivision within the jurisdiction of the City of Ames subdivision regulations is an example of why it is important for the City to regulate the division of land into two (2) parts, as opposed to the former subdivision regulations which only required subdivision approval of land divided into three (3), or more parts. Without such jurisdiction by the City of Ames, the City would have no way to assure the availability of future corridors for the extension of public services, such as sanitary sewer, water, and future street/bicycle routes. The subdivision review and approval procedure alerts the City to the fact that land divisions and rural development is proposed in areas that may likely be annexed into the community at some point in the future. 6 • t • In this particular case, the applicants have requested that the City waive the requirement for municipal infrastructure improvements for the proposed two-lot subdivision. Maeis b- t� roe ha ens o e to at�d i � i a mda iesi-of the ma or row�th area far l rra s !� P , J. g; reside_taal develop�P- n o eyear2030 As noted in this report, there are two stipulations or approval, which City staff believes are needed in order to grant approval of the waiver of requirements for future infrastructure. The stipulations are described as follows: 1. The property owners of the proposed subdivision must enter into an agreement with the City to provide an easement, at no cost, for the extension of pubic sanitary sewer infrastructure, in the proposed subdivision, at the time that the City deems it necessary to construct the such infrastructure improvements. The easement is to be placed on the entire property, at this time, and the location is to be further defined at the time that improvements are to be constructed. This agreement must be signed by the property owners prior to consideration of the Final Plat by the City Council. 2. The property owners must waive their rights to object to future assessments for public improvements, including but not limited to : street paving, bicycle paths, sidewalks, and utility improvements, prior to consideration of the Final Plat by the City Council. ALTERNATIVES: 1. The City Council can grant the request for a waiver of requirements in the Subdivision Ordinance for the installation of public infrastructure for the proposed subdivision located at 2042 South 500th Avenue. 2. The City Council can deny the request for a waiver of requirements in the Subdivision Ordinance for the installation of public infrastructure for the proposed subdivision located at 2042 South 500th Avenue. 3. The City Council can modify the request for a waiver of requirements in the Subdivision Ordinance for the installation of public infrastructure for the proposed subdivision located at 2042 South 500th Avenue, and grant a partial waiver to the Subdivision Ordinance, with the stipulations for approval described in this report. 4. The City Council can refer this request back to staff and/or the applicant for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council approve Alternative #3, which is a partial waiver of requirements in the Subdivision Ordinance for the installation of public improvements, with the stipulations described in this report. This alternative will allow the property owner to proceed with the preparation of a Final Plat for approval of the proposed two-lot subdivision. COUNCIL ACTION: Attachment s:\Council Action Forms\2042 S 5001"Ave Sub Infrastructure Waiver 02-12-02 7 A:' :j E SUBJECTPROPERTY k AcIn OF MES ;I� sir �i i I�ii i NMI' M {fit®�®;��� �c ool =� �� ,��■ ■11111111■ am I Magill ■111111I. .�►� 4ai a aw, ■��j p ® CITY OF AMES ■11 SUBJECT PROPERTY Aerial Location Map N W E S 1200 0 1200 Feet Prepared by the Department of Planning and Housing Map prepared.• 0210512002 i I I Sketch Plan for Proposed Windy 500 Subdivision at 2042 S. N 500th Ave.,Ames IA 50014 Owner: Mark and Elizabeth Harmison 2042 S. 500th Ave 292-7650 Prepared Dec. 19th, 2001 842.3' Shed(approx) AVEL RIVE 100 year flood limit 1 `\ \ HOUSE o 71-7 Proposed new lot lineBo 0 _ P M roo POSE GARAGc IN 80 CD 'or` 839.3' 33'4" Approximate location of proposed new house 0 ft. 54 ft. 90 ft. 180 ft. Scale:1/1080:1 CAFAPPROVAL SS BK SL JK JP To be sent to: Mark & Elizabeth Harmison 2042 South 500th Avenue Ames, Iowa 50014