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A012 - Council Action Form dated May 13, 2014
ITEM # 58 DATE: 05/13/14 COUNCIL ACTION FORM SUBJECT: PRELIMINARY PLAT FOR ASPEN RIDGE SUBDIVISION 2ND ADDITION BACKGROUND: Revised Preliminary Plat. The previous Preliminary Plat was approved by the City Council on February 14, 2012 (see Attachment B), and included four lots for commercial development and one outlot for the future expansion of townhomes. The original Preliminary Plat was valid for one year from the date of City Council approval. It has since expired, since a timely final plat application was not submitted. The revised Preliminary Plat includes three commercial lots and one outlot for future expansion of townhomes (see Attachment A). Lots 3 and 4 of the original plat have been combined on the revised plat. The total area of the site remains the same. Proposed Subdivision. This is classified as a "Major Subdivision" since it involves the platting of more than three lots. Approval of a Preliminary Plat is a required step in the process for approval of a Major Subdivision, followed by approval of a Final Plat. The purpose of the Preliminary Plat is for the division of property into separate parcels and to plan for the streets, utilities and other public improvements needed to support the proposed uses of the property. Currently, the subject property is one outlot, most recently final platted in 2004. An "outlot" is an unbuildable area of land due to its size, shape, topography or general location within the phasing of the subdivision. Subsequent subdivision is required for use of an outlot. The subject property is a total of eight acres just east of South Grand Avenue and west of Aspen Ridge Town Homes. The site has split zoning of "PRD" (Planned Residence District) and "HOC" (Highway-Oriented Commercial). Outlot C (2.87 acres of the subdivision) is zoned PRD for future expansion of the Town Home development to the east. The remaining three lots (totaling 5.14 acres) are all zoned HOC. Cross access easements are included for the benefit of all three of the commercial lots. There is one access point from South Grand Avenue and one from South 16th Street. The attached addendum provides additional background and analysis of the proposal and the requested action. From this analysis, staff concludes that the Preliminary Plat is consistent with the goals and objectives of the Land Use Policy Plan relevant to this project. The Preliminary Plat also complies with other City plans as listed in Section 23.107 of the subdivision code. Staff further concludes that the Preliminary Plat conforms to the Design and Improvement Standards of Division IV of the Ames Subdivision Regulations. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered the proposed Preliminary Plat on April 16th. The Commission recommended approval of the Preliminary Plat by a vote of 4 to 0 with 1 abstention. 1 I In accordance with Section 23.302(6)(b) of the Municipal Code, the City Council must take action on a Preliminary Plat within 30 days of the referral of the Preliminary Plat and report of recommendations to the Council by the Planning and Zoning Commission. In this instance, Council action is required by May 16, 2014. ALTERNATIVES: 1 . The City Council can approve the Preliminary Plat for Aspen Ridge Subdivision 2nd Addition. 2. The City Council can approve the Preliminary Plat for Aspen Ridge Subdivision 2nd Addition, with modifications or conditions. 3. The City Council can deny the Preliminary Plat for Aspen Ridge Subdivision 2nd Addition. MANAGER'S RECOMMENDED ACTION: The revised Preliminary Plat is consistent with the Land Use Policy Plan, the Zoning Ordinance and the Subdivision Ordinance standards. Therefore, it is recommendation of the City Manager that the City Council accept Alternative #1, thereby approving the Preliminary Plat of Aspen Ridge Subdivision 2nd Addition. 2 ADDENDUM Applicable Law. Laws pertinent to the proposal are attached. Pertinent for the Planning and Zoning Commission are Municipal Code Sections 23.302(3) and 23.302(4) as described in the attachment. Land Use Policy Plan (LUPP). Proposed Lots 1 , 2 & 3 are designated as "Highway- Oriented Commercial". Outlot C is designated as "Medium-Density Residential" on the LUPP. Frontage and Access. All lots have frontage on existing City streets. Access to these streets is restricted to two locations for the commercial lots (Lots 1, 2 & 3). One access is from S. 16th Street and extends through a 50-foot wide shared access easement to the northern boundary of the subdivision. The other access is from S. Grand Avenue, which will also serve the golf course to the north of this subdivision. Access to Outlot C will be determined at the time of further division of the outlot into buildable lots for the development as townhomes. Access to the existing townhomes to the east is via a private street (Aspen Ridge Road) that connects to S. 16th Street. The original PRD plan includes extension of the private street from the east into the site and will likely be the same point of access due to our policy of limited access along arterial streets like S. 16th. No through connection or shared easement is proposed with this plat for the benefit of Outlot C. Utilities, Street Lights, and Sidewalks. Public improvements available to serve the proposed subdivision are described as follows: Water. A 12-inch water main runs along South 16th Street, which can serve the site. Sanitary Sewer. Sanitary sewer mains run east and west along South 16th Street and along the north property line. These are adequate to serve the site. Storm Water. Storm water will be detained off-site on the golf course property. The area is shown on the plat with cross-hatching just northeast of the subject property. Internal and off-site easements will ensure the necessary legal rights for the affected parcels. Electric. The electric utility main runs along South 16th Street. The developer will be required to extend the electric main to serve the subdivision according to the Electric Utility Standards. Sidewalk. There is an existing shared use path along South 16th Street. Sidewalks are already constructed along South Grand Avenue. No additional walks required. Zoning. The proposed three HOC zoned lots all meet the minimum standards for size, frontage, and access. The F-PRD zoned outlot cannot be built upon until the Major Site Development Plan for the Aspen Ridge Town Home development is revised and the land is platted. 3 APPLICABLE SUBDIVISION LAW The laws applicable to this revision to the Preliminary Plat for Aspen Ridge Subdivision 2nd Addition 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 to 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): 4 (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 29.804, includes standards for the Highway-Oriented (HOC) zone. Ames Municipal Code Chapter 29, Zoning, Table 29.1203 includes standards for the Planned Residence District (F-PRD) zone. 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 5 (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. 6 Location Map Aspen Ridge Subdivision 2nd Addition S d � li TCH EST NUT,�5T t r f 5ubject Property , m Ce 4 ""�.' i `"f = w a• �,.i.,.,.�: -.RE!!al E RD .yy _ �" w �'• 3� n. S 78T k$ST S,1�f:H,ST. _ p S 1eTH ST S 157H S _. s t6TH a'— w tr y� o Fa'cs,eyp �w'r,'t°p.?r" �7 . : � ..... �}}a ....... t� ❑ - 6 � s , A F ❑ gr x VTR .y ra Location Map �sx Preliminary PlatAmes . Aspen Ridge Sub. 2nd Addition Vicinity Zoning Map AG Coldwater Golf Links RH Coldwater Golf Links HOC lGrovee Th KmartAp RIDGESubject Property HOCHOC S 16TH ST -T- HOC z Pheasant Run , _.... Apartments _........ HOC Aspen Business RH R Park w n—.... _. 0 Vacant Ag Land S 17TH ST HOC August 2010 Aerial lma eiY N Vicinity Zoning Aspen Ridge 2nd Addition Feet Map Created 929111 0 75 150 300 by Department of Planning&Housing Attachment A Proposed Preliminary Plat —Aspen Ridge Subdivision 2nd Addition Sheet 1 of 3 1 exu.u+».�f.e v+,ff hVw�j 'SEiEbIt:Uv t.�h1x N'InSV Lb3s Fi^+ .'. .. VM01 S304V z10&M ij 4 " 8 a o �. (� m Li I i a ; �. Cr 3 Q Q777� _ LLJ �LI Q 9 Attachment A Proposed Preliminary Plat —Aspen Ridge Subdivision 2nd Addition Sheet 2 of 3 ... M 0 LL. 1 9N35tlG�fSnNktlMY ed 36:l.d3i} 1 _ 'tlMOi'S3YM d0 A!.i� 1 C13A13 l 1 1 1 1 1 .... ,4 , - 1 l a 1 - w 1 z © 1 i O � � Q N 1 Z 3 10 Attachment A Proposed Preliminary Plat — Aspen Ridge Subdivision 2"d Addition Sheet 3of3 _ � ,rxm vd».wa2w3iGte � '13.iO4. 3 LiM 1 a WSW 9N 1MJld VMOI A. k7 UO viol e%MIA if u� r 3e i� f l o 0 LQ ' I y . 1 1 Attachment B Previously Approved Preliminary Plat — Aspen Ridge Subdivision 2nd Addition 3 LtltV<FSK f,YY ' RECEIVED g'p :g�f�+vyigucl`:-* u I1a ka �S,e.i L HIW ..- •• �� aYM9 X9i CRY OF *EsE i A � 'F L f } a y v d,3 r s \ $e x t x row b• k , 2 . 9 rt ^ ♦�i 1-ie5` F I. n . rz- < g r [h i a ° � fx --! 4J .. .....q 12