HomeMy WebLinkAboutA011 - Council Action Form dated December 13, 2011 ITEM # 35a-c
DATE: 12-13-11
COUNCIL ACTION FORM
SUBJECT:MINOR SUBDIVISION FINAL PLAT FOR JDA SUBDIVISION
BACKGROUND:
Jay David Armstrong is requesting that the City Council waive the City's design and
infrastructure improvement standards and approve the Final Plat for JDA Subdivision,
which includes 5.34 acres within the City's two mile fringe area east of Ames. It is located
northwest of the intersection of U.S. Highway 30 and 580t"Avenue, presently addressed as
23937 580t"Avenue in rural Story County (see attachment A Location Map). The property
contains several buildings comprising two businesses, including a construction supply
company and a veterinarian office. Three lots are proposed, two with the existing buildings
and a north lot for development. The sizes of these proposed lots are 0.62 acres, 1.95
acres and 2.77 acres respectively (see Attachment B — Final Plat). The proposed north lot
is vacant and has not been used for crops for some time. Access to the three proposed
lots is from 580t"Avenue, which is a paved road. Rural water service to the site is currently
provided by Central Iowa Water Agency.
The Ames Urban Fringe Plan designates the subject property as Agricultural/Long Term
Industrial Reserve (see Attachment C—Land Use Plan Designations). The County zoning
designation of the property is Light Industrial. The current land use and zoning to the north
and west of the property is agribusiness: Brekke Seeds and Supply and Caremoli
Agricultural Processing, as well as approximately 40 acres of cropland. North along the
west side of 580t" Avenue are several residential properties. All of the other surrounding
land is crop land with Agricultural zoning (see Attachment D Story County Zoning).
The Land Use Framework Map of the Ames Urban Fringe Plan presents a fairly
straightforward approach to growth of Ames east of Interstate 35 (see Attachment C).
East of the designated Planned Commercial area at the interchange of 1-35 and East 13tn
Street is the primary industrial expansion area of the City, and is designated Planned
Industrial. The Plan states that this area should be annexed before it is developed and
then developed in the City with full urban services. The south boundary of this area is the
Union Pacific Railroad.
South of the railroad is the Agricultural/Long-Term Industrial Reserve land use area.
The Land Use Policy Plan currently states that industrial development would occur
here after significant development in the Planned Industrial area to the north. The
Plan also states that before industrial development occurs, the Ames Urban Fringe
Plan land use designation should be changed to Planned Industrial, and that urban
level design and infrastructure standards should be applied (see Attachment E
Urban Fringe Plan Policies).
For the following reasons, the designation of this area as an Industrial Reserve may require
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reconsideration:
• First, the recent extension of a railroad siding, annexation by Nevada to 590th
Avenue, and development along the south side of the Union Pacific Railroad led to
an annexation moratorium agreement between Nevada and Ames. The
moratorium agreement defines 590th Avenue as the dividing line between the future
growth of the two cities. More recently, the City Council has directed that a study be
conducted to study the feasibility of annexation and the costs for extending urban
services to the area south of the Union Pacific Railroad east to 590th Avenue.
Therefore, the Council might decide to change the land use designation of the
area from Industrial Reserve to Planned Industrial (if it is to be annexed).
• Second, when cities annex land that is being served by a rural water system, state
law mandates that the rural water cooperative receive fair reimbursement for its
previous investment. The cost to buy out rural water may include some portion of
the return on capital investment that the cooperative would have received. As rural
subdivision creates more properties and thus more customers, the rural water
cooperative may well anticipate a greater return, especially if the new customers
have been commercial or industrial water users. This could drive up the cost of rural
water buyout if the water cooperative makes additional capital investment due to
projected development based on past subdivision approvals. The City of Ames
typically requires the current and future property owner to be responsible for this
buy-out cost as a condition of subdivision approval. However, it is not known how
effectively this approach will deter public costs, especially for industrial development,
which often requests financial incentives for development. Therefore, the Council
might want to change the land use policy here to prohibit further rural
subdivision development that would later require a costly rural water buyout.
• Third, as development has occurred in the eastern Urban Fringe Area, it has
become more evident that the limited capacity for traffic access through existing at-
grade intersections could limit future development, especially along U. S. Highway
30. If good access to this highway makes the area attractive for industrial
development, it is expected that access may need to be improved through
improvements to intersections, such as through a grade separated interchange.
One intersection likely to be improved is 580th Avenue at Highway 30. The
proposed subdivision could add a fourth business to the three that are already
crowding one quadrant of that intersection. Without planning for future intersection
improvements, continued piecemeal development around this intersection could limit
the access that helps make this Long-Term Industrial Reserve area successful.
Therefore, the Council might want to delay approval of any subdivision at one
of the major intersections in this area until a plan is developed for the
necessary intersection improvements.
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According to the terms of the 28-E agreement implementing the Ames Urban Fringe Plan,
the City of Ames and Story County retain joint subdivision jurisdiction in the
Agricultural/Long Term Industrial Reserve areas. Site design standards for the creation of
new subdivisions are contained in Division IV of Chapter 23 in the City's subdivision
regulations. This ordinance describes the minimum standards for streets and rights-of-way,
public utilities (water, sanitary sewer, and storm water management), residential
landscaping, street lighting, and all other public improvements necessary for an urban
development.
Both Chapter 354.9(2) of the Code of Iowa and Ames Municipal Code Section 23.103(1)of
the ordinance allow the City Council to waive or modify the requirements of the subdivision
regulations (see Attachment F Ames Municipal Code on Waiving Subdivision Regulations).
The Ames Municipal Code allows this when complying with the regulations would cause
extraordinary hardship. However, this waiver cannot have the effect of nullifying the intent
and purpose of the regulations, not can it be more than is necessary to eliminate the
hardship or conform to the purpose of the regulations. In granting a waiver, the City
Council may impose conditions to ensure meeting the objectives of the requirements being
waived. Therefore, the City has typically conditioned its waiver of design and infrastructure
improvement standards upon the applicant agreeing to covenants that bind the current and
future owners to (1) request annexation when the City asks them to annex, (2) pay for any
buyout of rural water upon annexation, and (3) agree not to contest any assessment
necessary for the installation of public improvements installed by the City. The applicant
has signed and submitted these standard covenants.
Story County's current Light Industrial zoning is consistent with the anticipated long
term use of the property as defined in the Ames Urban Fringe Plan. As stated
above, however, the area designated by the Plan as Agricultural/Long Term
Industrial Reserve is not intended to be developed within the current time frame of
the Plan, or until after existing Planned Industrial areas have been largely developed
(see Attachment C Urban Fringe Plan Designations). The plan also states that prior to
industrial subdivision development approval, the Fringe Plan Land Use Framework Map
should be amended to re-designate the area proposed for development from
Agricultural/Long Term Industrial Reserve to Planned Industrial.
The Council will therefore want to consider whether subdivision of Industrial
Reserve land to facilitate current rural development proposals is consistent with
current "reserve" policies of the Plan. The Council must also determine if approving
the proposed industrial development to proceed at this time without urban level
design and infrastructure is consistent with the City's goals, objectives, plans,
policies, and standards for its urban fringe area. Ultimately, the Council must
determine that the proposed final plat "conforms to relevant and applicable design
and improvement standards in [the subdivision] regulations, to other City
ordinances and standards, to the City's Land Use Policy Plan and to the City's other
duly adopted plans" (per Section 23.303(3)).
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ALTERNATIVES:
1. The City Council can waive the City's design and infrastructure improvement standards
and approve the Final Plat known as JDA Subdivision, if the Council concludes that (1)
the waiver request meets the criteria described above and (2)the subdivision conforms
to the City's adopted goals, objectives, plans, policies, and standards.
2. The City Council can deny the waiver of the City's design and infrastructure
improvement standards and deny the Final Plat known as JDA Subdivision if the
Council concludes that(1)the waiver request does not meet the criteria described in the
staff analysis and (2) the subdivision does not conform to the City's adopted goals,
objectives, plans, policies, and standards.
3. The City Council can refer this back to staff and/or the property owner for additional
information.
MANAGER'S RECOMMENDED ACTION:
The proposed development site is in one of only two areas of the Agricultural/Long Term
Industrial Reserve area east of Ames that Story County has zoned industrial. These two
industrial-zoned areas comprise only a very small part of this Agricultural/Long Term
Industrial Reserve land use designation. However, several of the primary conditions
underlying the industrial expansion policies in the Ames Urban Fringe Plan are now
changing, which may lead to significant changes to the Plan. Thus, it is important to
determine whether this request for waiving City subdivision standards and approving a
small final plat should be treated as a simple, minor decision, or whether it has larger
implications.
Based on the currentAmes Urban Fringe Plan, the subject property is not anticipated to be
a part of the City in the foreseeable future. Therefore, there was no intention of extending
City utilities to the site. It was not anticipated that the City would extend its utilities into this
rural area. All of this constitutes a hardship on this property owner, which would fulfill one
criterion for waiving the subdivision standards. However, to meet both criteria, the Council
would need to conclude that the waiver does not have the effect of nullifying the intent and
purpose of the regulations, and that it is no more than necessary to eliminate the hardship
or conform to the purpose of the regulations (per Section 23.103).
Based on the current County Light Industrial zoning designation, development of the
subject property is expected. Furthermore, according to the 28-E agreement, the
difference between the pre-existing zoning and the Plan designation is not considered
inconsistent with that agreement. The question is whether more intense development of
the property should be facilitated by subdivision of the property. If the City Council
determines that subdivision of the property now will not appreciably decrease
development potential in the Industrial Reserve area later, or otherwise result in
development that conflicts with stated goals, policies, and development standards, it
should act in accordance with Alternative#1, which is to waive the City's design and
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infrastructure improvement standards and approve the Final Plat known as JDA
Subdivision.
The City Council always has the option of declining to waive the City's standards.
Although the County's zoning of the property allows uses that are consistent with the Urban
Fringe Plan, the Plan also addresses timing of development. The City's Plan clearly states
that industrial uses are intended in this area only after other industrial areas are developed.
The City is currently considering whether to accommodate industrial use within the City by
annexing a different area near this site. In the meantime, further piecemeal development at
the subject site may contribute to difficulties in buying out rural water if other, nearby areas
are annexed and in making future intersection improvements necessary to ensure that the
entire industrial area continues to have safe and convenient transportation access. If the
City Council determines that subdivision of the property will prematurely facilitate
intensification of development contrary to the stated policies of the Industrial
Reserve area, or that it will otherwise conflict with stated goals, policies and
development standards, it should act in accordance with Alternative #2, which is to
decline to waive the City's design and infrastructure improvement standards and
deny the Final Plat known as JDA Subdivision.
A strict reading of the Ames Urban Fringe Plan would lead to denying this platting
until the land use designation in the Plan is changed to Planned Industrial (see
ALTIR Policy 2 on Attachment E). However, this request is to divide only a small
piece of the Long Term Industrial Reserve area, which the current zoning allows to
be developed for an industrial use. While development of the one new lot may
contribute to the short-term demand for rural water service to this area, it hopefully
will not contribute to a need for significant new investment by Central Iowa Water
Agency. Further, since the northwest corner of U.S. Highway 30 and 590t" Street is
already developed, the opportunities to construct a grade-separated interchange in
this quadrant are already limited. When considering all of these factors, this
individual subdivision of land could be approved.
It must be recognized that the land in this area between Ames and Nevada is in a
state of active transition. Both cities recently approved an annexation moratorium
that recognizes 590t" Street as a boundary line; and both cities are actively pursuing
industrial development up to that line. In anticipation of that urban development,
staff and elected officials from Ames, Nevada and Story County recently met in an
initial joint effort to plan how to discourage additional rural water investment in this
area.
Whichever option is chosen, it is important that other, future initiatives be jointly
undertaken in short order by the City, Story County and Nevada. This should include
modification of the Ames Urban Fringe Plan to include all of the land up to 590tn
Street, as well as the development of both City and County protections to limit future
rural industrial development until proper planning can be done for the appropriate
urban utility and transportation infrastructure.
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ATTACHMENT A
LOCATION MAP
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ATTACHMENT B
FINAL PLAT
PREPARED BY: CL.APSADDLY-GARBER ASSOCIATES.INC.:612 P[P7'Fr 97RIENT IOWA 500I0-6005-PHONH:5I5-232-8353
JDA SUBDIVISON TIO CORNER
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Lot Ares
Lot S . Ft. Acres Acreage: 5.3444 Acres Gross l tit
1 120.684 2.7705 4.9032 Acres Net
net 110.628 2.5397 Lot I ie a l e -2 g Q
2 85153 1.9549 � 3I �4g
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3 26963 0.6190 net 20726 0.4758 Zoning: I-1 County
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DESCRIPTION S I g
The East 450 feet of the Southeast Quarter of the Southeast Quarter(SE1/4-SE1/4)of Section 8-T83N-R23W of the
5th P.M.,Story County,Iowa;except the North 484 feet thereof;and lying North of the north line of the Frontage Road on
the north side of U.S.Highway#30;more particularly described as follows:
"Commencing at the Southeast(SE)comer of the Southeast Quarter(SE1/4)of Section 8-T83N-R23W of the 5th
P.M.,Story County,Iowa:thence N 00`OV 07"E,415.81 feet along the east line of the said SE1/4,to the Point of SE c0RN1R SE v. t
Beginning;thence Continuing N 00*01'07"E.427.08 feet along the east line of the SE1/4;thence S 890 56'24"W.449.82 SECTION&Bbz3
g g. g g FOUND HINGE NAIL IN
feel along the south line of the North 484 feet of the SEt/4-SE114;thence S 00*02'22"W,551.73 feet along the west line LEAD PLUG •m
of the East 450 feet of the SE1/4-SE7/4;(the next five calls are along the north line of the Frontage Road on the north side INST.N0.96-0P]07
of U.S.Highway It 30)thence N 89'49'17"E,249.62 feel;thence Northeasterly,along a 67.00 foot radius curve,concave
northwesterly,an arc distance of 66.08 feet(the long chord bears N 61"32'59'E,63.43 feet);thence N 33°24'10"E.
69.96 feet;thence Northeasterly,along a 79.33 foot radius curve,concave southeasterly,an arc distance of 78.34 feet(the
long chord bears N 61"37'36"E.75.20 feet),to the west line of 580th Avenue;thence S 89"58'53"E.40.00 feet to the
Point of Beginning"
OWNER OF RECORD:JAY DAVID ARMSTRONG
SURVEY REQUESTED BY:JAY DAVN AAMSTONG NOTE.
FIELD WORN COMPLETER S-10-11 ALL BEARINGS APE THE RESULT OF G.P.S.OBSERVATIDNS.
JDA SUBDMSON
IN THE SE'/.OF THE SE'/.OF SECTION 8-83-23 .
LEGEND. 23937 5801h AVENUE,STORY COUNTY.IOWA
GOVERNMENT CORNER MONUMENT FOUND N ��nn•yy,���� (hereby cents Nat Nix NM surveyilp aocumenl was l ,e/
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ATTACHMENT C
LAND USE PLAN DESIGNATIONS
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Land Use Plan City Land Use Ames Urban Fringe
Designations Designations
23937 580th Avenue Highway-Oriented Agriculture and Farm Service
Commercial
_ Regional Commercial Agricultural/Long-term
N Industrial Reserve
Planned Industrial Planned Industrial
0 1,0002,000 4,000 Feet - General Industrial Highway-Oriented Commercial
Government/Airport Natural Areas
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ATTACHMENT D
STORY COUNTY ZONING DESIGNATIONS
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ATTACHMENT E
URBAN FRINGE PLAN POLICIES
Agriculture/Long Term Industrial Reserve (ALTIR)
The Agriculture/Long Term Industrial Reserve designation supports the long term planning
objective of accommodating future demand for industrial growth as described in the Industrial
Study of July 2002 by the City of Ames. Although the need for this land use at these locations
may arise only after the planning horizon of this Plan, preventing uses incompatible with large
industrial facilities and maintaining agricultural use will help secure the availability of suitable
land for future industrial uses.
ALTIR Policy 1: Agricultural uses are compatible with this designation. Industrial
development is not anticipated during the life of the plan unless significant development
of Planned Industrial areas has already occurred, or unless it can be demonstrated that
significant public benefit would be gained from such development.
ALTIR Policy 2: Prior to consideration of any request for rezoning or industrial
subdivision development approval, require an amendment to the Ames Urban Fringe
Land Use Framework Map re-designating the area proposed for development from
Agriculture/Long Term Industrial Reserve to Planned Industrial.
ALTIR Policy 3: When development is proposed, require the urban level design
requirements and service standards as required in areas designated Planned Industrial.
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ATTACHMENT F
AMES MUNICIPAL CODE ON WAIVING SUBDIVISION REGULATIONS
Sec. 23.103. WAIVER/MODIFICATION.
(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.
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