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HomeMy WebLinkAboutA011 - Council Action Form dated November 14, 2006 ITEM # DATE 11/14/06 COUNCIL ACTION FORM SUBJECT: PRELIMINARY PLAT FOR THE NACIN RURAL SUBDIVISION Property Owner: Alan and Susan Nacin 648 East Riverside Road Ames, Iowa 50010 Contact Person: Brad Larson Stumbo and Associates Land Surveying, Inc. 510 South 17t' Street, Suite 102 Ames, Iowa 50010 Purpose: The property owners are requesting approval of a Preliminary Plat for the Nacin Subdivision. The proposed subdivision includes four (4) numbered lots for residential development within Story County and the City of Ames Urban Fringe Boundary. Location: 648 East Riverside Road, directly southeast of the intersection of East Riverside Road and 547t' Avenue. Area: 5.1 acres. Background: On September 12, 2006, the City Council referred a request to waive subdivision requirements for the proposed Nacin Subdivision located in Story County to staff. At that time the applicant was proposing a two-lot subdivision. The property owners, Alan and Susan Nacin, later determined that they would apply for a four-lot subdivision. On October 6, 2006, a pre-application conference was held to review a Sketch Plan of the proposal to subdivide the property into four lots. As a result of that pre-application meeting, it was determined that the proposal would be classified as a Major Subdivision. The property owners requested that the City Council waive Subdivision Ordinance requirements for Residential Subdivision Landscaping Standards(Municipal Code Section 23.402),Water Supply(Municipal Code Section 23.404), Sanitary Sewers(Municipal Code Section 23.405), and Storm Water Management(Municipal Code Section 23.407)for their proposed four-lot subdivision at the October 24, 2006 City Council meeting. The Council unanimously approved the requested waivers. Subdivision Jurisdiction.The subdivision is located outside of the City's corporate limits, but within the two-mile subdivision jurisdiction area. State law allows cities the authority to approve or deny subdivisions within two (2) miles of the city limits. In this particular case, Story County and the City of Ames both have subdivision jurisdiction over this property. The owners must meet the subdivision requirements of both governmental entities. Code of Iowa. Chapter 354 of the Code of Iowa includes provisions for the division and subdivision of land. Section 354.9 addresses the "Review of subdivision plats within two miles of a city". Subsection two (2) includes the following provision: Section 354.9(2). "...Either the city or county may, by resolution, waive its right to review the subdivision or waive the requirements of any of its standards, or conditions for approval of subdivisions, and certify the resolution which shall be recorded with the plat." Municipal Code. Chapter 23 of the Municipal Code includes provisions for the subdivision of land in Ames and within two (2) miles of the corporate limits. Section 23.103 addresses "Waiver/Modification". Subsection (1) reads as follows: Section 23.103 (1). "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." Land Use Policy Plan (LUPP). At it's regular meeting of October 24, 2006, the City Council unanimously approved incorporating the Ames Urban Fringe Policies into the Land Use Policy Plan via Resolution No. 06-442. The subject property is designated as Rural Transitional Residential and Natural Area in the Urban Fringe Plan. The Urban Fringe Plan defines Rural Transitional Residential as follows: Areas designated Rural Transitional Residential are located in areas where urban infrastructure may not be in place for a time period beyond the Ames Urban Fringe Plan planning horizon. Rural Transitional Residential development is designed to transition seamlessly into adjacent rural residential and agricultural land use, providing buffers where necessary to separate residences from particularly intense or noxious agricultural activities. Residential densities with this designation are between rural densities and urban densities. 2 Story County Zoning. The Story County zoning designation for the subject property is "R-1" (Residential District1). The R-1 zoning district allows mainly single-family detached dwellings and other low density uses. Further, it is not the intent of this district to permit isolated rural dwellings. Properties utilizing private systems have a minimum lot size of 25,000 square feet and properties that are utilizing a common system are required to include a minimum of 10,000 square feet. ANALYSIS: Existing Conditions: The property owners currently live on-site in a one-story home with a walkout basement. The existing home is proposed to remain on Lot 3. A detached garage,that is also proposed to remain, is located on Lot 4. An asphalt driveway connects the house, detached garage, and the two access points, East Riverside Road and 547th Avenue. The asphalt drive, as it crosses Lot 2, will be relocated. As identified earlier in this report, a portion of the site is designated Natural Area by the Urban Fringe Plan. A large stand of trees is located on-site, within Lot 4. The tree line on Lot 4 roughly corresponds to the Natural Area as shown on the Land Use Framework Map within the Ames Urban Fringe Plan. Staff suggests that a stipulation be placed on the approval, which requires the property owner to create a conservation easement, or other agreement as approved by Story County,to prohibit construction activities within the identified Natural Area.The intent of the conservation easement is to protect the Natural Area on-site from any damage that may be caused by the on-going improvement of Lot 4. Surrounding Property Characteristics: The following table identifies the existing land use, existing zoning, and LUPP designation of the properties surrounding the subject site. DESCRIPTION OF SURROUNDING AREA Area LUPP_yDesr 'riatron ..: ,. . .: '' Zortln ;;Deli patron Z `F LandUse xr.ter North Rural Transitional Residential. Story County- Residential Agriculture District 1 (R-1) South Rural Transitional Residential Story County-Agricultural (A-1) Large Lot Residential & Natural Areas East Rural Transitional Residential Story County- Residential Large Lot Residential & Rural Residential District 1 (R-1) West Rural Transitional Residential Story County- Residential Large Lot Residential & Natural Areas District 1 R-1) Utilities. Urban infrastructure is not available in this rural area at this time, nor does the City of Ames plan to extend utilities to this site in the near future. The City Council has granted a waiver of the Subdivision Ordinance pertaining to the utility standards. Staff understands that the proposed lots are of a size to support septic systems and wells. 3 Density: The subject property is designated as Rural Transitional Residential (RTR)in the Urban Fringe Plan. RTR Policy 1 identifies an average net density between one unit per acre and 3.75 units per acre for this site. Typically staff calculates average net densities by removing the un-buildable areas from the total acreage, i.e. the Natural Areas. The total acreage of this property is 5.1, with the Natural Areas totaling 1.11 acres. If we subtract the Natural Areas from the total site acreage we would have 3.99 acres remaining. With four (4) lots, 3.99 acres would yield an average net density of approximately one (1) unit per net acre, thus complying with this guideline. STIPULATIONS: Staff recommended that the Preliminary Plat forthe Nacin Subdivision be approved subject to the following stipulations: 1. Prior to Final Plat approval by the City of Ames, the property owner shall create a conservation easement, or other agreement as approved by Story County, to prohibit construction activities within the designated Natural Area, as identified on Lot 4 of the Preliminary Plat. 2. According to Municipal Code Section 23.302(7)(b),the Final Plat must be submitted to the Planning and Housing Department for approval within one year from the date of City Council approval of the Preliminary Plat. The City Council may grant an extension of time for the validity of the Preliminary Plat for a period not to exceed one additional year. If the applicant is unable to comply with the year timeline, and/or the granted extension, the applicant will be required to re-apply for the Preliminary Plat. Recommendation of the Planning &Zoning Commission. At its meeting of November 1, 2006, with a vote of 7-0, the Planning and Zoning Commission recommended approval of the Preliminary Plat with the stipulations listed above. The Commission discussed a drainage issue concern raised by the neighbor to the west. Staff indicated that Story County has the authority to resolve any such issues through its platting and development review process. ALTERNATIVES: 1. The City Council can approve the Preliminary Plat for the Nacin Subdivision with the stipulations listed above. 2. The City Council can deny the Preliminary Plat for the Nacin Subdivision. 3. The City Council can approve the Preliminary Plat for the Nacin Subdivision, with modifications. 4. The City Council can postpone action on this request and refer it back to City staff and/or the applicant for additional information. 4 MANAGER'S RECOMMENDED ACTION: The proposed Preliminary Plat is consistent with the surrounding land uses and the Land Use Policy Plan. Stipulation #1 ensures the protection of the Natural Area from construction activities. Stipulation #2 outlines the timing requirements of the preliminary and final plats. Therefore, it is the recommendation of the City Manager that Alternative #1 be adopted, approving the City Council approve the Preliminary Plat with the stipulations listed in this Action Form. s as Ng•A B:`r`,,,I;ga -gi Rm:'«,--R-E T»85 9 o✓; \ `a'� \� ',7 .! 22 MliA RF92 °aa;I 95- ------------ - -------- /l 19 •Z- lN` gigs q c61 . co as R .$ m y; o j`. PRELIMINARY PLAT STUMBO 4 ASSOG I ATES N A C I N SUBDIVISIONa `.. ' ; ACRES "�° LAND SURVEYING, ING. SUBO. OF LOT 1, ARNOLD SUBO. IN SE1/4, ° �'w{r°/0 2�-oL n1a! 510 S.ITth STREET,SUITE 102 AMES.IONA'50010 SE1/4 SECTION 23-84-24, STORY COUNTY, IOWA v moa PHONE 515-233-5689 FAX 515-233-4403 ,� •�"`•` 'ba SURVEY PREPARED FOR: AL NACIN - JOB 915B10PP DATE: 10/24/O5 PAGE: 1 of 1 �� } �n� �g rR3".�5"Sa'du iret' 1� lK"I �, f f ,may 4 9 �.•.r '.�,� f��' f ,�• LS �S� aE� `��€ - .�`:. �_a�• �� "� .s°•ej rr$ �. �, ¢ a � x -,a - 't�' ;'�� `�, '`��c� ,� �.,"� )U��'�r � � " Z h+5'£x",� � UWt / x '"�x s �Fd � 7 f,�s s E • r� �; ��:F ¢ � s�,. 4'� �, F�•#'vg����' .t�` i�:q s'��X, �;,s �' a ram '�.., a�.i� +y�.. �r Y r � 2 ✓ a �_'yp � fk y� 4�: �d1 ��� � I+ s{� is 3�9"'�4 f�6,a L �'A y1, �' ���C, S� `�R,.':•. a �.� K"r j8sr�s` $q.. �-✓'rf £ •. y � ..�. ,� `�1..b�l4. �Y.N` s fi '�,�z'' V °? x,,m. 3f agas " E subject fflm AN r � � a ,� j�GSl,��jb ����fi{" ��' 3% B- �.E£4�.'' �✓£. 1g+4,< w a �j' ak J a� '� ,� � '➢��tY�j9r� kP^'�$ lei ���.} ma's e s g�Y3�"' � �-• �z Location Map 648 E. Riverside Road w% x e: jfM ��1 k 0 185 370 740 Feet CAFAPPROVAL SS BK_ =— SL DM _'" \ JP To be sent to: Brad Larson Stumbo & Associates P.O. Box 1664 Ames, Iowa 50010 Leanne Harter Story County Planning & Zoning Story County Courthouse 900 61h Street Nevada, Iowa 50201 ��� Ce✓�'t'�� v-er�5���rlc�r"-C�. ,