HomeMy WebLinkAboutA009 - Council Action Form dated March 2, 2010 (large maps not scanned) ITEM # 19
DATE: 03-02-10
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY PLAT FOR SPECK SUBDIVISION, SECOND ADDITION
BACKGROUND:
Mark Speck seeks approval of a Preliminary Plat for Speck Subdivision 2"d Addition, a
subdivision of Section 23 of Franklin Township in the unincorporated area of Story County
across U.S. Highway 69 from Ada Hayden Heritage Park and north of W. Riverside Road.
The 3.43 acre property is on level terrain. (See Location Map, Attachment A.)
Four lots are proposed for single family detached residences. Three of the proposed lots
are 0.81 acres and the fourth is one acre. The one-acre lot contains an existing home
(See Preliminary Plat, Attachment B.)
The subject property is on a road that also accesses seven other existing single-family
detached residences on lots larger than one acre. The owners of all of these properties
recently agreed to and recorded an access easement and covenants that provides for this
66-foot wide public access and its maintenance.
Applicable Law. The boundary of the proposed project is across the highway from the
Ames city limits and is two miles from the Gilbert city limits. According to Code of Iowa
Chapter 354 and Ames Municipal Code Section 23.102(2)(b) the City of Ames has
authority to review and either approve or deny the proposed Preliminary Plat based on the
possible burden on public improvements, on its subdivision regulations, on the Ames Land
Use Policy Plan, and on all other City plans, regulations or ordinances. Story County will
also review and take action on the Preliminary Plat. Attachment E. contains the sections of
the Ames Municipal Code applicable to the case.
Zoning and LUPP. The following table identifies the existing land use, existing zoning, and
Future Land Use, LUPP designation of the properties surrounding the subject site.
DESCRIPTION OF SURROUNDING AREA
Area LUPP/AUF Designation Story County Zoning Designation Land Use
North Rural Transitional Residential Residential (R-1) Residences
South Rural Transitional Residential Residential (R-1) Residences
East Rural Transitional Residential& Residential (R-1) Residences
Natural Areas
West Rural Transitional Residential Agricultural (A-1) Residences
(See also Attachment "C" Land Use Map.)
The land use designation of the subject property is Rural Transitional Residential, a land
use category that anticipates single-family residential development that is intended to be
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rural in character as it develops, but may be within an urban setting at some time in, the
future, beyond the time horizon of the Ames Urban Fringe Plan. These areas will be able
to serve as a transition between urban and rural areas and thus the density of development
is intended to be within rural densities and urban densities. The Preliminary Plat is
consistent with single-family residential uses and the average net density is between the
one unit per acre and 3.75 dwelling units/acre called for by City policy. (See Attachment"D"
Land Use Designations and Policies for Rural/Urban Transition Area)
Subdivision Improvements Requirements. By Resolution No. 01-333 of July 24, 2001,the
Ames City Council waived its requirements for installation of infrastructure for this
residential subdivision. Therefore, City standards for infrastructure (Ames Municipal Code
Division IV of Chapter 23) do not apply to this subdivision. Story County development
standards apply to this project. The subject property is within the service area of Xenia
Rural Water Association. The subject property is outside the service area of Ames Electric
Services.
Environmental Protection. The goals and objectives of the LUPP include protecting
environmental resources, particularly water resources and natural areas. The proposed
Speck Subdivision, Second Addition is not located within a designated Watershed
Protection Area. It is outside the area that drains into the back-up water supply at Ada
Hayden Heritage Park. It is close to a designated Natural Area and Story County's
subdivision review has addressed its protection. The project is not likely to affect the
environmental resources of Ames.
Streets and Vehicle Access. Access to the site is by a gravel road in a 66-foot public right-
of-way. Three new residences is below the threshold of traffic generation that would
require a traffic impact study. Therefore, it is concluded that the proposed plat is not likely
to impact the traffic or transportation infrastructure of the City.
Findings of Fact. Based upon the findings of fact in Attachment F and the analysis
contained in this report, staff concludes that the proposed preliminary plat is consistent with
the Land Use Policy Plan and Ames Urban Fringe Plan. Accordingly, 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.
Recommendation of the Planning &Zoning Commission. At its meeting of February
17, 2010,with a vote of 6-0,the Planning and Zoning Commission recommended approval
of the Preliminary Plat for Speck Subdivision, Second Addition. The Commission made no
additional comments.
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ALTERNATIVES:
1. The City Council can approve the Preliminary Plat for Speck Subdivision, Second
Addition, based upon the above findings and conclusions.
2. The City Council can deny the Preliminary Plat for Speck Subdivision, Second Addition,
if it finds that impacts of the proposed development cannot be mitigated and the
development is not consistent with all applicable laws and policies. The City Council
should develop findings of fact and conclusions that support a decision of denial.
3. The City Council can return this request back to staff and/or the applicant for additional
information.
MANAGER'S RECOMMENDED ACTION:
The proposed subdivision creates lots for three new homes embedded within a rural area
adjacent to Ames that already contains several hundred residences that have both rural
and urban characteristics. Although this entire area would present significant challenges
for annexation into the City, the addition of three homes will not change the situation. The
City of Ames has no plans or interest in annexing this area. Nine years ago the City
Council waived any requirement for urban infrastructure. The only City issue related to this
development since that time has been the lack of adequate access to the site, which has
been satisfactorily resolved.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is to approve the Preliminary Plat for Speck
Subdivision, Second Addition, based upon the above findings and conclusions.
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ATTACHMENT A
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0 160 320 640
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ATTACHMENT C
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Land Use Map Legend
Speck Subdivision Natural Areas
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Rural Transitional Residential
0 275 550 1,100
Feet City Limits
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ATTACHMENT D
From Ames Urban Fringe Plan
Adopted July 17, 2006
Land Use Designations and Policies for Rural/Urban Transition Area
This area is intended to be rural in character as it develops, but within an urban setting at some time
in the future, beyond the time horizon of the Ames Urban Fringe Plan. Urban services and
development standards are required for non-agricultural development in certain critical locations
within this area. Annexation agreements and/or other tools also may be utilized to ensure that the
future transition into the City of Ames or City of Gilbert is a smooth one.
The following policies apply to the entire Rural/Urban Transition Area (RUTA)
RUTA Policy 1: Rural-type services and development standards are often acceptable in the
Rural/Urban Transition Area, but urban services and standards may be required in certain
critical locations or in response to certain intensities of development. (Relates to RUTA Goal
3.1, 3.3)
RUTA Policy 2:At the discretion of the cities,annexation agreements and other tools may be
utilized to ensure that new development is prepared for potential annexation in the future.
(Relates to RUTA Goal 3.2)
RUTA Policy 3:Ames, Gilbert, Story County and Boone County seek to accommodate public
preferences by permitting an expanded range of rural development options that allow orderly
and efficient future transition between urban and rural land uses. (Relates to RUTA Goal 3.1,
3.4)
RUTA Policy 4: Permit interim development to occur in a manner that will support long-term
urbanization of the Ames Urban Fringe. (Relates to RUTA Goal 3.2)
RUTA Policy 5: Limit development in areas that would create a need for the upgrade of
roads before they are scheduled in the appropriate jurisdiction's capital improvements
program. Where proposed development will potentially increase the traffic volumes in
excess of the current road capacity, provide for the cost of road improvements at the time of
development. (Relates to RUTA Goal 3.5)
The following land use designations are planned in the Rural/Urban Transition Area:
Rural Transitional Residential (RTR)
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.
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RTR Policy 1: This land use designation includes all single-family and two-family residential
land uses/developments that involve average net densities between one unit per acre and
3.75 units per acre. (Relates to RUTA Goal 3.2)
RTR Policy 2: Strategically locate Rural Transitional Residential land uses in areas where
they can provide for an orderly and efficient future transition between land uses within the
likely future extent of municipal limits and the unincorporated area. (Relates to RUTA Goal
3.2)
RTR Policy 3: Encourage clustering of residential sites within these land areas to limit the
short-term and long-term costs associated with infrastructure improvements and the
distribution of public services. (Relates to RUTA Goal 3.2, 3.4)
RTR Policy 4: Depending on location, density of units, size of lots, timing of development,
development design,clustering of proposed sites,or other considerations,require full urban
infrastructure standards. If the City does not require these improvements to be installed at
the time of subdivision, require infrastructure assessment agreements.
(Relates to RUTA Goal 3.2, 3.3, 3.5)
RTR Policy 5: Any decentralized wastewater treatment facilities, wells and supporting
infrastructure shall meet IDNR, county, and city standards. Other rural development
standards may be acceptable on a case-by-case basis. Require agreements that if and
when the property is annexed to a city, the land developer and/or landowner shall be
responsible for the full cost of abandoning the rural systems and connecting to urban
infrastructure. (Relates to RUTA Goal 3.2, 3.3)
RTR Policy 6: Make provisions to protect environmental resources, environmentally
sensitive areas and adjacent Natural Areas. (Relates to RUTA Goal 3.4)
RTR Policy 8: Mitigate and manage stormwater run-off, soil erosion, and wastewater
discharge according to IDNR and city standards. (Relates to RUTA Goal 3.4)
RTR Policy 7: Require annexation agreements and developer agreements in instances of
new development that is particularly intense, or that occurs in certain critical locations.
(Relates to RUTA Goal 3.2) . . .
(continues with other land use designations unrelated to this case)
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ATTACHMENT E
Applicable-Laws:
The laws applicable to this case file are as follows:
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan and shall considerthe impact
on public improvements.
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 orreports assembled ormade 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
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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 Section 23.302(7):
(7) Effect of Approved Preliminary Plat:
(a) An approved Preliminary Plat authorizes the making or installation of any
required improvements shown on the Preliminary Plat after the Municipal
Engineer reviews and provides written approval of construction plans,
including any appropriate profiles or cross sections, for improvement of public
ways, public infrastructure and public utilities.
(b) An approved Preliminary Plat shall be valid for one year from the date on
which the City Council approves the Preliminary Plat, by which time the
Applicant shall submit an Application for Final Plat Approval or the
Preliminary Plat shall become null and void unless the City Council has
granted an extension of time for the validity of the Preliminary Plat for a
period not to exceed one additional year beyond the expiration of the original
one year period of validity. If the approval period expires without an
Application for Final Plat Approval, nor an extension, the Applicant shall be
required to resubmit a Sketch Plan pursuant to currently existing Regulations.
(c) The City Council may require that all public improvements described on the
approved Preliminary Plat for a Major Subdivision be installed and dedicated
prior to approval of the Final Plat. If the City Council does not require that all
public improvements be installed and dedicated prior to approval of the Final
Plat, the City Council shall require the Applicant to execute an Improvement
Agreement as set forth in Section 23.304 and provide security in the form of
an Improvement Guarantee as set forth in Section 23.409 of the Regulations.
Between the approval of the Preliminary Plat and submission of an
Application for Final Plat Approval of a Major Subdivision, the Applicant must
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either complete all indicated improvements to the satisfaction of the City or
enter into an Improvement Agreement to do so.
Ames Municipal Code Section 23.107 is 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) 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.
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 23, Subdivisions, Section 23.405(3), requires that street
lights be installed at the subdivider's expense and according to the design and specification
standards approved by the City Council and after review and approval by the Ames
Municipal Utility. The electric distribution system for the street light system shall also be
installed underground.
Ames Municipal Code Chapter 29, Zoning, Section 29.804, includes standards for the
Highway-Oriented Commercial Zone.
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ATTACHMENT F
Findings of Fact
Based upon an analysis of the proposed development, laws pertinent to the proposed
development, and conditions and improvements abutting and serving the plat, staff finds as
follows:
1. The City of Ames has authority to review and either approve or deny the proposed
Preliminary Plat based on the possible burden on public improvements, on its
subdivision regulations, on the Ames Land Use Policy Plan, and on all other City
plans, regulations or ordinances.
2. The applicant is proposing to subdivide the subject property into four lots. All four
lots are proposed for single family detached residential development.
3. The land included within the proposed subdivision is designated on the Land Use
Framework Map of the Ames Urban Fringe Plan as Rural Transitional Residential.
The Preliminary Plat is consistent with single-family residential uses and the average
net density is between the one unit per acre and 3.75 dwelling units/acre called for by
these City policies.
4. The Story County Land Development Regulations govern minimum lot sizes,
minimum frontage and setbacks.
5. The Ames City Council previously waived its requirements for installation of
infrastructure for this residential subdivision. Therefore, City standards for
infrastructure (Ames Municipal Code Division IV of Chapter 23) do not apply to this
subdivision.
6. The proposed subdivision is not located within a designated Watershed Protection
Area and is outside the area that drains into the back-up water supply at Ada Hayden
Heritage Park.
7. This subdivision is not within a Flood Plain according to the 2008 FEMA Flood
Insurance Rate Map.
8. Access to the site is by a gravel road in a 66-foot public right-of-way. Three new
residences is below the threshold of traffic generation that would require a traffic
impact study.
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