HomeMy WebLinkAboutA003 - Council Action Form dated June 24, 2008 (large map not scanned) ITEM #
DATE 06/24/08
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY PLAT FOR H & B SUBDIVISION, SECOND ADDITION
BACKGROUND:
Case File: SUB-08-01
This is a proposal by H&B Properties, LLC to replat Lots 1 and 2 of H&B Subdivision and
an unplatted parcel of land adjacent to the southwest boundary of Lot 2 and "Parcel E",
adjacent to the east boundary of Lot 1. The proposed plat encompasses a 6.22 acre site
located on the north side of East Lincoln Way between the Skunk River west of the
subdivision and Carnegie Avenue to the east. It is located in the G-1 (General Industrial)
zone,
The proposed plat consolidates Lots 1 and 2 with the unplatted parcel and Parcel E, and
divides the consolidated land into five (5) new lots as shown on the attached Preliminary
Plat for H & B Second Addition.
The approximate land area included in each of the existing platted lots and parcels is
described as follows:
Existing Lots and Parcels:
Lot 1: 0.65 acres
Lot 2: 3.23 acres
Parcel E: 1.93 acres
Unplatted Parcel: 0.41 acres
Total Land Area: 6.22 acres
Proposed Lots and Parcels:
Lot 1: 1.7495 acres
Lot 2: 0.5500 acres
Lot 3: 0.2610 acres
Lot 4: 1.8136 acres
Lot 5: 1.8470 acres
Total Land Area: 6.2211 acres
Use and Designation of Surrounding Properties. The following table identifies the existing
land use, existing zoning, and LUPP designation of the properties surrounding the subject
site.
Area ' LUPP Designation Zoning Designation Land Use
North General Industrial Govern ment/Airport (S-GA) City of Ames
South General Industrial & General Industrial (GI) & Industrial &
Environmentally Sensitive Agricultural (A) Crop Production
East General Industrial General Industrial (GI) Industrial Service
West General Industrial General Industrial (GI) Industrial Service
Applicable Law. Laws pertinent to the proposal are described on Attachment A. Of
particular significance to the Council's level of review for preliminary plats is Section
23.302(6) of the Ames Municipal Code, which states:
"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."
Utilities and Easements. The proposed subdivision is adequately served by public utilities.
The Preliminary Plat includes the necessary easements to encompass these public utility
mains. At the time of approval of the Final Plat, existing easements will be vacated and
adoption of the Final Plat will establish the new easements.
Sidewalks. The City Council granted a waiver of sidewalks in H&B Subdivision in 1990,
with the stipulation that the developers of H&B Subdivision file a waiver of Rights to Appeal
Assessments as part of the approval of the Final Plat.
Section 23.403(14)(a) of the Municipal Code requires the installation of a sidewalk (a
minimum width of four feet) along at least one side of any street within industrially zoned
areas. This is an industrially zoned area. A multiuse path, which functions as a bike path
and a sidewalk is located across the street from this proposed subdivision on the south
side of E. Lincoln Way. Therefore, the requirement for a sidewalk on one side of the street
is satisfied and the developer of this site is not required to install a public sidewalk along
the north side of E. Lincoln Way.
2
Findings of Fact & Conclusions:
Based upon an analysis of the proposed development, laws pertinent to the proposed
development, and conditions and improvements abutting and serving the plat, the staff
finds as follows:
1. The property is designated as "General Industrial" on the Land Use Policy Plan
Map, and is currently developed with industrial type structures.
2. All existing structures on the site are shown to be a minimum of 12 feet from all
proposed side and rear property lines.
3. All parcels contained within the plat are shown to have frontages on Lincoln Way at
least 35 feet wide; code requires a minimum of 25 feet wide for frontages.
4. Each lot contained within the plat will be served by public utilities through either
direct access to the public right-of-way or utility easements from the right-of-way to
the lot.
5. The City's Fire Inspector has determined that the plat provides adequate fire access
to each lot within the plat.
6. There are no sidewalks along the frontage of the proposed plat within the public
right-of-way; however a bike path exists in the right-of-way across the street from
the proposed plat.
7. The City's Public Works Department has indicated that this site is adequately
served by utilities and infrastructure, and that the proposal will result in no adverse
traffic impacts.
8. Parking associated with Proposed Lot 3 is shown to straddle the lot line of proposed
Lot 4. This is a condition that exists under the current lot configuration. The current
condition is addressed under parking easement. The proposed parking easement
to be recorded with the final plat for this subdivision needs to be more fully
described on the final plat, or on a separate easement document recorded with the
Final Plat, stating that the parking easement allows parking on Lot 4 exclusively for
use by Lot 3.
9. Proposed Lot 4 has required frontage on Lincoln Way; however, access to Lot 3 will
be gained via an access easement across Proposed Lot 4: The access easement
is identified on the proposed Plat, and is described in easement descriptions
received with the proposed preliminary plat.
Based upon the above facts and analysis, the staff concludes that the proposed
preliminary plat 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 Code of Iowa Chapter 354,
Section 8 has been satisfied. Staff further concludes that 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, provided that the easements pertaining to parking for Lot 3 are updated to
reflect the lot numbers of the proposed preliminary plat, and that all other existing
easements are vacated.
3
Recommendation of the Planning &Zoning Commission. At its meeting of June 18,
2008, with a vote of 4-0, the Planning and Zoning Commission recommended approval of
the Preliminary Plat for H & B Subdivision with the stipulation that at the time of approval of
the Final Plat, existing easements will be vacated.
ALTERNATIVES:
1. The City Council can approve the revised Preliminary Plat for H & B Subdivision,
Second Addition, based upon the findings of facts and conclusions in this report,
subject to the following conditions:
(a) Prior to final plat approval, existing easements will be vacated and replaced
with easements that are part of the Preliminary Plat for H & B Subdivision
Second Addition.
(b) Prior to final plat approval, the easement across Proposed Lot 4 pertaining to
parking for Proposed Lot 3 will be more fully described on the Final Plat, or on
a separate easement document recorded with the Final Plat, stating that the
parking easement allows parking on Lot 4 exclusively for use by Lot 3.
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 can
deny the Preliminary Plat for H & B Subdivision, Second Addition.
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information, provided that the applicant 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).
MANAGER'S RECOMMENDED ACTION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of the
City Manager that the City Council act in accordance with Alternative No. 1, which is to
approve the Preliminary Plat for H & B Subdivision, Second Addition, subject to the
following conditions:
(a) Prior to final plat approval, existing easements will be vacated and replaced with
easements that are part of the Preliminary Plat for H & B Subdivision Second
Addition.
(b) Prior to final plat approval,the easement across Proposed Lot 4 pertaining to parking
for Proposed Lot 3 will be more fully described on the Final Plat, or on a separate
easement document recorded with the Final Plat, stating that the parking easement
allows parking on Lot 4 exclusively for use by Lot 3.
4
ATTACHMENT A
Applicable Law
The laws applicable to this case file 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 with 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.
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 Chapter 29, Zoning, Section 29.901, includes standards for the
General Industrial (GI) zone, including minimum lot frontage and building setback
requirements.
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
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
(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.
7
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