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HomeMy WebLinkAboutA009 - Council Action Form dated February 14, 2012 ITEM # 29 DATE: 02-14-12 COUNCIL ACTION FORM SUBJECT: PRELIMINARY PLAT FOR ASPEN RIDGE SUBDIVISION, 2ID ADDITION BACKGROUND: Currently, the subject property is Outlot B, an 8 acre outlot of Aspen Ridge Subdivision, most recently platted in 2004. The subject property is just east of the newly opened South Grand Avenue and west of Aspen Ridge Town Homes. Proposed Outlot C (2.87 acres of the subdivision) is zoned Planned Residence District for future expansion of the Town Home development. The four proposed lots (totaling 5.14 acres) are all zoned Highway-Oriented Commercial. They were rezoned in 2009 from Planning Residential Development (F-PRD) to Highway Oriented Commercial (HOC) in anticipation of a proposed hotel and additional commercial development. Applicable Law. Laws pertinent to the proposal are described on Attachment B. Proposed Plat. See Attachments D, E, and F, for sheets 1-3 of the proposed plat. Zoning Standards. The proposed four 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. Zoning and LUPP. The following table identifies the existing land use, existing zoning, and Future Land Use designations of the properties surround the site. Surrounding zoning is also depicted on the map in Attachment A. Area LUPP Designation Zoning Designation Land Use North Highway-Oriented Commercial Highway-Oriented Commercial(HOC) Golf course South High Density Residential and High Density Residential and Apartments and Highway Oriented Commercial Highway Oriented Commercial Office Park East Medium Density Residential Floating-Planned Residence District Single-Family Attached West High Density Residential High Density Residential Apartments Public Notice and Comment. An invitation to the Planning and Zoning Commission hearing was mailed to all property owners within 200 feet of the subject site. One nearby property owner who resides in Aspen Ridge spoke at the Planning and Zoning Commission hearing. She commented on the apparent increase in traffic volume because of the high density housing in the area. She was concerned about additional residential high density zoned land resulting in even more traffic and questioned if there would be a traffic signal at the South Grand intersection. 1 Recommendation of the Planning &Zoning Commission. At its meeting of January 18, g 9 rY 2012, with a vote of 5-0, the Planning and Zoning Commission recommended approval of the Preliminary Plat of Aspen Ridge 2nd Addition with the following conditions: a) That the Development Agreement be revised to address the electric main extension and street light installation responsibilities. b) That any existing trees in South 16th Street right-of-way remain. After the Planning and Zoning Commission hearing, staff met internally and determined that current policies address street lights and electric extensions without a need for an amendment to the Developers Agreement. Planning staff has determined that there is adequate land area for the residential development to expand west and meet the minimum requirements of the F-PRD zone. The Major Site Development Plan amendment does not have to be reviewed by the Planning and Zoning Commission or City Council in order for the size of the Outlot to be reduced. There are existing street trees that were planted prior to the commercial zoning designation. Requiring the existing street trees to be retained would keep the continuity of the corridor somewhat consistent along the frontage of the town homes and the commercial area. This can be included as a condition of the plat approval. The developer has stated that they concur with staff in keeping the trees and also plan to plant more trees of the same type in the area. Findings of Fact and Conclusions. Based upon the findings of fact in Attachment C and the analysis contained in this report, staff concludes that the proposed preliminary plat is consistent with the Land Use Policy 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. ALTERNATIVES: 1 . The City Council can approve the Preliminary Plat of Aspen Ridge 2nd Addition, as illustrated on Attachment D, E and F, based upon the findings of fact in Attachment C and the conclusions in this report with the following condition: a) Existing trees in South 16th Street right-of-way shall be retained. 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 revised Preliminary Plat for Aspen Ridge Subdivision, 2nd Addition. 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. 2 MANAGER'S RECOMMENDED ACTION: Staff has determined that the proposed plat conforms to all City standards for subdivisions. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 , which is to approve the Preliminary Plat of Aspen Ridge 2nd Addition, as illustrated on Attachment D, E and F, based upon the findings of fact in Attachment C and the conclusions in this report with the following condition.- a) Existing trees in South 16th Street right-of-way shall be retained. 3 ATTACHMENT A AG Coldwater Golf Links ... ... ...__............ .. RH ? Coldwater Golf Links ` HOC W The Grove a Kmart Apartments I Subject Property A N Rr°�E R° - HOC RH HOC S 16TH ST HOC Z Pheasant Run Apartments _ _ Q HOC Aspen Business RH R Park w 0 Vacant Ag Land S 17TH ST HOC ?z August 2010 Aerial Imagery " Vicinity Zoning Aspen Ridge 2nd Addition Feet Map Created 9/29/11 0 75 150 300 by Department of Planning&Housing ATTACHMENT B 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 lowa_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. 5 Ames Municipal Code Section 23.302(6): (6) City Council Action on Preliminary Plata (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 whetherthe 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 Section 23.403 (13), (14)& (15) requires installation of street lights, sidewalks and walkways and bikeways in subdivisions. Ames Municipal Code Section 23.406 outlines requirements for electric mains and street lights. Ames Municipal Code Section 23.402 outlines requirements for public street trees for residentially zoned subdivisions. Ames Municipal Code Section 23.407 outlines requirements for storm water management. Ames Municipal Code Chapter 29, Zoning, Section 29.804, includes a list of allowed uses and the development standards for the Highway-Oriented Commercial Zone (HOC). Ames Municipal Code Chapter 29, Zoning, Section 29.1203, includes a list of allowed uses and the development standards for the Planned Residence District (F-PRD). 6 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) 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 ATTACHMENT C 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 subject area is designated as Highway-Oriented Commercial and Medium Density Residential on the Future Land Use Map; which anticipates the size and layout of lots proposed. 2. The existing outlot is being reduced by the proposed plat to accommodate expansion of residential use from the east. The City will require a review and approval of a revision to the Major Site Development Plan before any homes are allowed to be constructed. 3. Water. A 12-inch water main runs along South 16th Street, which the Public Works Department has determined can serve the site. 4. Sanitary Sewer. Sanitary sewer mains run east and west along South 16th Street and along the north property line. The Public Works Department has determined that these are adequate to serve the site. 5. 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. 6. Electric. The electric utility main runs along South 16th Street. The developerwill be required to extend the electric main to serve the subdivision according to the Electric Utility Standards. 7. There is an existing shared use path (eight foot wide sidewalk) along South 16th Street. A four foot wide sidewalk is already included adjacent to the plat, as part of the South Grand Avenue construction project. The Public Works Department has therefore determined that no extensions of sidewalks are required. 8. There are existing coniferous trees in the right of way and very near the right of way along South 16th Street. Since a portion of the property was rezoned to HOC in 2009, the street tree requirement no longer exists for those lots (Lots 1-4). However, the City does have the discretion to formally require that those existing trees be kept. 9. There are existing street lights along South Grand Avenue and South 16th Street. Therefore, the Electric Department has determined that no additional street lights are required. 8 10. 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