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HomeMy WebLinkAboutA011 - Council Action Form dated March 27, 2007 (preliminary plat) ITEM # DATE 03/27/07 COUNCIL ACTION FORM SUBJECT: PRELIMINARY PLAT FOR THE STREETS OF NORTH GRAND SUBDIVISION BACKGROUND: The property owners, North Grand Mall Partners, LLC and Grand Center Partners, LLC are proposing to renovate the North Grand Mall site, located at 2801 Grand Avenue. The North Grand Mall site consists of two properties totaling approximately 34 acres in size. The properties involved in this application include the mall site and a triangular piece of property located directly northwest of the 28t'Street and Ferndale Avenue intersection (see the attached location map). The existing northern parcel is approximately 28.5 acres in size and includes the triangular piece of property previously discussed, North Grand Mall, from the southern extent of Sears to the northern extent of the mall, Okoboji Bar&Grill and US Bank. The southern parcel is approximately 5.5 acres in size and includes North Grand Mall from the southern extent of Sears to the southern extent of the mall, Fazoli's, Kentucky Fried Chicken,Wells Fargo, and Ames Back&Neck Care Center. The triangular property located at the intersection of 28t' Street and Ferndale Avenue is zoned Residential High Density (RH) and the remainder of the site is zoned Planned Regional Commercial (PRC). The location of the existing property lines are identified on the attached map, Exhibit 1. The proposed Preliminary Plat includes three lots, Lot 1, Lot 2, and Lot 3, one lot for right-of-way dedication, Lot 'A' and a remnant lot, Outlot 'A', as shown on the attached map, Exhibit 2 and on the Preliminary Plat. Lot 1 includes the mall structure from Sears to the southern extent of the mall, as well as US Bank, Fazoli's, Kentucky Fried Chicken, Wells Fargo, and Ames Back and Neck Care Center. Lot 2 includes North Grand Mall, north of Sears. Lot 3 includes Okoboji Bar and Grill. Lot 'A' provides dedication of Ferndale Avenue right-of-way and Outlot 'A' is a remnant parcel that is zoned Residential High Density, RH. The following table identifies the existing land use, existing zoning, and LUPP designation of the properties surrounding the subject site. nakl, n,\�,.'.' + . l�.. .©esi'' IE 1�3. .. All \ d:' �, North Regional Commercial & Planned Regional`Commercial (PRC) & Apartments, North Grand High-Density Residential Residential High Density(RH) Christian Church, Wal- Mart&Cub Foods South Regional Commercial & Residential High Density(RH) Apartments & High-Density Residential Gas Station East High-Density Residential & Residential High Density(RH), Apartments, Stevens Government/Airport Government/Airport District(S-GA), & Memorial Chapel, Neighborhood Commercial (NC) Northwood Elementary School, & First National Bank West Low-Density Residential & Residential High Density(RH)& Apartments & High-Density Residential Planned Residence District F-PRD Condominiums This is a fully developed site with existing utility service available to serve the additional 60,000 square feet of retail space. The applicant is requesting, through a separate application, approval for an Adaptive Reuse / Major Site Development plan for this site. During review of that separate application, it was noted that proposed buildings straddled lot lines of the existing plat, which is not permitted under Code. To correct that problem, the applicant is proposing to relocate property lines through this separate preliminary plat application. Because the replatting and associated Adaptive Reuse / Major Site Development Plan required public improvements, this application is being processed as a Major Subdivision pursuant to Ames Municipal Code Section 23.301(5)(b)(iii). In its written report to the Planning and Zoning Commission, City staff made the following findings of fact and conclusions: FINDING 1. The properties are designated as Regional Commercial on the Land Use Policy Plan Map with the exception of the triangular piece of the northern parcel, which is designated as High Density Residential. The Preliminary Plat essentially separates the High Density Residential portion of the northern parcel and designates it as an Outlot. CONCLUSION: The proposed Preliminary Plat is consistent with the Land Use Policy Plan and the associated Land Use Policy Plan map designations on the site. Staff is not aware of any other inconsistencies with the Land Use Policy Plan, therefore, staff concludes that Code of Iowa Chapter 354, Section 8 has been satisfied. FINDING 2. Proposed Lot 1 and Lot 3 comply with the off-street parking requirements. However, proposed Lot 2, as identified within Exhibit `A', prepared by the applicant, includes 320,920 square feet of building area, requiring 1,284 parking spaces and 23 accessible spaces and does not comply with the applicable off-street parking standard. Exhibit`A' provides the existing spaces provided within Lot 2 as 1,204 regular spaces with ten accessible spaces, which yields approximately 80 regular spaces and 13 accessible spaces under the minimum requirement. CONCLUSION: As proposed, Lot 2 does not comply with the off-street parking standard of Ames Municipal Code Table 29.406(2). The staff therefore concludes that the proposed plat will not conform to parking standards unless the parking is reconfigured prior to plat recordation. FINDING 3. The Minimum Floor Area Ratio (FAR) within the PRC zone is 0.50. The following floor area ratios are associated with the proposed lot lines and the existing and proposed structure configurations: Proposed Lot FAR (Existing Buildings) FAR (Proposed Buildings) Lot 1 0.186 0.285 Lot 2 0.366 0.366 Lot 3 0.045 0.190 2 CONCLUSION: The proposed lots are not now, nor are they proposed to be, in conformance with Minimum FAR standard within the PRC zone. The plat will therefore have to be modified to bring Lot 1, Lot 2, and Lot 3 into conformance unless a waiver of this standard is granted under the associated Adaptive Reuse/ Major Site Development Plan application. The applicant has applied for a waiver to the Minimum FAR standard through the associated application. Recommendation of the Planning & Zoning Commission. On March 21, 2007, the Planning and Zoning Commission heard both the staff's presentation of the Commission Action Form and a presentation by the applicant's representative, Patrick Burke, regarding the Preliminary Plat and the associated Adaptive Reuse / Major Site Development Plan application. The applicant had submitted a revised plan-set on the morning of March 21St addressing many of the outstanding questions that staff had. The applicant's representative identified through his presentation to the Planning and Zoning Commission that his client is concerned with staffs last stipulation, which requires a second review of the application by the City Council to determine continued conformance with the initial application. The Planning and Zoning Commission heard testimony in favor of the proposal from several neighborhood and community representatives. There was no testimony heard in opposition, however there were several suggestions that were given from community members regarding the design of the site. The Planning and Zoning Commission briefly discussed the Preliminary Plat application and then recommended that the City Council approve the Preliminary Platforthe Streets of North Grand, located at 2801 Grand Avenue, as shown under Alternative 1 below. The Commission recommendation is based upon the findings and conclusions identified previously in this Council Action Form. The applicant's representative and attorney, Patrick Burke, contacted staff prior to the Planning and Zoning Commission meeting to discuss condition "d", as it was previously written. Previously, this condition stated that if the applicant did not receive approval for the FAR waiver through the Adaptive Reuse / Major Site Development Plan, that the associated Preliminary Plat would automatically be null and void. Mr. Burke stated that he did not wish to have the application nullified at that point, but rather, that his client be allowed to seek other remedies, such as a variance or text amendment, prior to final action on the preliminary plat application. In response to this request, Staff rewrote the condition to allow the applicant to apply for other remedies in the event the FAR adaptive reuse waiver was denied. Mr. Burke stated during his presentation at the Planning and Zoning Commission meeting that his client does not wish to have to come back before the City Council if this should happen. Staff was not in support of this, however, because there is no way of knowing what conditions may be imposed on any approved variances or text amendments, or how they would affect this development. Staff therefore believed it was important for the Council to be able to review the application based upon any approved variances or text amendment before taking final action. Moreover, if the Council were to put this application on hold pending the processing of variance or text amendment application(s),this preliminary plat application would have to come back for the City Council's final action. 3 ALTERNATIVES: 1. The City Council can approve the Preliminary Plat for the Streets of North Grand, located at 2801 Grand Avenue, based upon the findings and conclusions in Section IV of the attached Commission Action Form, and subject to the following conditions: a) Civil drawings of all public improvements shall be submitted to the Public Works Department for review and approval prior to installation and prior to final plat approval. b) All structures are subject to the fire-resistance rating requirements and limitations on openings on exterior walls of buildings when located adjacent to a property line. Openings with a fire separation distance of three feet or less are not allowed. c) Prior to final plat approval,the parking spaces on Lot 2 shall be reconfigured to provide Code required parking as indicated on the associated Adaptive Reuse/ Major Site Development Plan being reviewed concurrently with this application. d) Prior to final plat approval, the applicant must have obtained approval of waivers of the FAR standards through the adaptive reuse process unless the applicant has, within 30 days of the date of this decision, submitted to the City a complete application for a text amendment or variance that will amend, or grant relief from, the FAR standards. If the application for a text amendment or variance is not submitted within 30 days, or if the application is denied, this preliminary plat application shall be considered denied. If the application for a text amendment or variance is approved, this preliminary plat application shall be reviewed again by the City Council to determine compliance with the approved text amendment or variance, and the City Council shall render a final decision on the preliminary plat. 2. If the City Council finds that the proposed Preliminary Plat does not conform to all adopted standards and applicable law pertaining to subdivisions, the City Council may deny the Preliminary Plat for the Streets of North Grand, located at 2801 Grand Avenue. 3. If the City Council finds that the proposed Preliminary Plat does conform to all adopted standards and applicable law pertaining to subdivisions, the City Council can approve the Preliminary Plat for the Streets of North Grand, located at 2801 Grand Avenue, with modifications. 4. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information, provided that the applicants provide a written waiver of their rights to have their application processed within 30 days as specified in Ames Municipal Code Section 23.302(4). 4 MANAGER'S RECOMMENDED ACTION: Based upon the findings and conclusions shown above, it is the recommendation of the City Manager that Alternative#1 be adopted approving the Preliminary Plat for the Streets of North Grand subject to the four conditions stated above. This alternative is also supported by the Planning and Zoning Commission. 5 CAF APPROVAL SS BK SL DM JP To be sent to: Ted Tzegiannakis Dan Sullivan GK Development 303 East Main Street Barrington, Illinois 60010 Scott Williams HWS Consulting Group 223 South Walnut Avenue, Suite D Ames, Iowa 50010 HEELE T w w w w � w J � J wJ � W � w w 2 i ENINED T Subject Area i i TH 7 H N' N T w x P J TH w w w; TFi T TH T w J w wi N J TH T w TW T w T H f L' H w w w +INLE F M' N - w w w m h w M INLEY T = z N ST C7 Location Map Streets of North Grand 2801 Grand Avenue OL 0 400 600 1,600 Feet - �� III •.� NORTH GRAND MAU LOT 2 E. nrr �f �:..,. �_. 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