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Home My WebLink AboutA002 - Council Action Form dated April 28, 2009 (26b&c) ITEM # 26b&c DATE 4/28109 COUNCIL ACTION FORM SUBJECT: VACATION OF PUBLIC UTILITY EASEMENTS AND FINAL PLAT FOR SOUTHERN HILLS WEST PLAT 2 BACKGROUND: Scott Renaud, the applicant, represents the land owners of Southern Hills West Subdivision. Mr. Renaud is requesting final plat approval to re-plat four lots into three lots, in order to allow development in Lot 3, the lot adjacent to Highway 30 and accessed from North Loop Drive. Also proposed are minor adjustments of the east-west lot lines separating Lots 1 and 2 from Lot 3. All other lot lines are proposed to stay the same, including Outlot A, which is the City's clear zone easement for airport runway protection. The subdivision is located on Airport Road, generally just west of the airport and northeast of the Research Park. As part of this subdivision approval request,the applicant requests vacation of public utility easements that have not been used. The easements include two parallel 5-foot public utility easements,totaling 10 feet in width. They are located generally in the interior portion of the lots, and would therefore limit normal development of the lot under standard setback provisions. The easements are fully described in the attached Resolution to Abandon Public Utility Easement. Public notice has been provided and a hearing is required to be held before the City can vacate easements. Mr. Renaud has provided verification that there are no utilities in the easements. The Public Works Department and City Attorney's Office have reviewed the vacation request and associated legal descriptions, and support the vacation request. An alternative plat, showing the easements has been provided, if the Council should choose not to approve the easement vacation. As part of this subdivision approval request, the property owners of Lots 1 and 2 have requested a waiver of the requirement for sidewalk to be constructed along the 750 feet of frontage of the lots being re-platted. The sidewalk waiver request is addressed in a separate Council Action Form. That request should be considered priorto taking action on the final plat application because the result of that decision will determine which plat approval alternatives are available to the Council. There is a note on the face of the plat which states that the frontage road/bike path easement also serves to meet the City's sidewalk requirement. This is the same note that was approved in 2004. If the waiverwere not granted then the note would need to be removed or modified. There is existing asphalt parking on Lots 1 and 2.There was some expansion of parking in Lot 2 that occurred some time between 1998 and 2003 that the City did not approve. Some of that parking is currently in the City's clear zone easement. It was determined in 1999 by the Federal Aviation Administration (FAA)and the City's airport administrator,that parking within the clear zone easement did not respect the terms of the easement. The easement was originally purchased by the City in 1957, and the intent was to only allow agricultural uses,with no obstructions or"assemblies of persons."This meant it could allow only farm equipment during normal farming activities, but not an assembly of persons, storage of equipment, or any intensive activities involving people or obstructions. The applicant has agreed to ensure the removal of the unapproved parking within the clear zone easement before the plat is recorded. The applicant has also provided an attached scale drawing (certified and dated April 23, 2009)that demonstrates what parking will be removed, and that the remaining unapproved parking that is not in the clear zone can meet the City's perimeter landscaping and setback requirements. The scale drawing demonstrates to the City that the adjustments to the lot lines will not create an adjacent nonconforming development (with regard to building setbacks, parking setbacks and perimeter landscaping requirements), that cannot be reviewed and approved administratively at a later date under the development standards. Points of Agreement -Regarding the unapproved parking that is not in the clear zone easement, the applicant has agreed to fulfill any one of the following three options: 1) gain administrative approval for the remaining unapproved parking that is not in the clear zone easement before the plat is recorded 2) remove the unapproved parking back to the approved 1994 Pierson Enterprises site plan on file before the plat is recorded 3) provide financial security for completing the removal before the plat is recorded with a deadline for completion of three months from plat approval date. -Regarding the unapproved parking that is in the clear zone easement, the applicant has agreed to any one of the following two options: 1) remove the parking before the plat is recorded, or 2) provide financial security for completing the removal before the plat is recorded with a deadline for completion of three months for plat approval date. The Preliminary Plat of a Major Subdivision that is on file was approved August 12, 2003 by City Council. The proposed Minor Subdivision Final Plat being presented for approval makes up part of the Preliminary Plat and is not contrary to it. The only changes are interior lots lines,with a reduction of the number of lots, by one. There is no change in net acreage and no change to the Clear Zone Easement, also known as Outlot A. The approved Final Plat on file creating the lots being re-platted was approved by City Council in April 2004. No public improvements, except for sidewalks,were determined necessary for the re-platting. The plat therefore qualifies to be processed as a Minor Subdivision Final Plat. The plat results in the conversion of four commercially zoned (HOC) lots to three commercially zoned (HOC) lots, with the following acreage: 1.74 acres (Lot 2), 1.26 acres (Lot 1) and 5.97 acres (Lot 3). There are no changes proposed to the Zoning Map or Future Land Use Map. This request is only to change the interior lot lines to allow for in-fill development of the vacant lot (proposed Lot 3). 2 ALTERNATIVES: 1. Easement Vacation Decision a. The City Council can approve the easement vacation b. The City Council can deny the easement vacation. c. The City Council can refer this back to staff for additional information 2. Final Plat Decision. The following final plat options a & b both include the following conditions: • Prior to plat recordation, compliance with options included in the Points of Agreement described herein; and • Prior to plat recordation, financial security shall be provided for the 750 feet of sidewalk in accordance with the Improvement Guarantee provisions of Section 23.409 (in the event the Council chooses to not waive the sidewalk requirements under a separate action); and • Sidewalk plans shall be submitted to and reviewed by Public Works for compliance with adopted regulations prior to installation. a. The City Council can approve the Minor Subdivision Final Plat as depicted on attached Plat Option 1 drawing (which shows vacation of the utility easement). b. The City Council can approve the Minor Subdivision Final Plat as depicted on attached Plat Option 2 (which retains the utility easement). c. The City Council can deny the Minor Subdivision for Final Plat of the Council determines that the plat does not conform to adopted standards or imposes impacts on public improvements that have not been mitigated. d. The City Council can refer the proposal back to staff for additional information, provided that the applicant is willing to grant additional time to review the proposal. 3 MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the Council adopt Alternative 1 a and 2a, which is to approve the vacation of the public utility easements and approve the Minor Subdivision Final Plat for Southern Hills West Plat 2 subject to the following conditions: a. Prior to plat recordation, compliance with the options included in the Points of Agreement described herein; b. Prior to plat recordation, financial security shall be provided for the 750 feet of sidewalk in accordance with the Improvement Guarantee provisions of Section 23.409, unless the Council chooses to waive the sidewalk requirements; and c. Sidewalk plans shall be submitted to and reviewed by Public Works for compliance with adopted regulations prior to installation, unless the Council chooses to waive the sidewalk requirements. 4 a 'FOP �� - + ._ _ 'S,::� ��_ 4 4 :, H �• , kaE Li '4�9�'�' �v L4 .r�!` e�''. *{- 3 •\JS 1�''�L �, ii f, Nft 01, a9xPrni � 30-�---- �s US HI HWA 30 RAMP H ��' ��'g IGHWA4Y,30 �'��'w � s „�•� -€�� Yt4„P�a' ` �asi�.' 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