HomeMy WebLinkAboutA005 - Council Action Form dated November 10, 2015 ITEM # 31
DATE: 11-10-15
COUNCIL ACTION FORM
SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR MCFARLAND SUBDIVISION,
PLAT 2
BACKGROUND:
Ames Associates received City Council approval in June, 2015 for a two-lot subdivision
that separated the McFarland Clinic at 3600 Lincoln Way from the remainder of the
parcel. The remainder contains the West Hy-Vee (3800 Lincoln Way), the former
Wallaby's site, and several smaller businesses in a small shopping center. A location
map with existing and proposed lot lines is found in Attachment 1.
Ames Associates are now requesting approval of a Final Plat for a Minor Subdivision of
Lot 1 of that plat to separate the former Wallaby's pad from the rest of the Hy-Vee
parcel. Sports Page, a small Iowa chain of restaurants, is seeking the redevelopment of
the site with a new restaurant building. The proposed final plat is found in Attachment 2.
A Minor Subdivision process allows for filing of a Final Plat without the need of a
Preliminary Plat. This is permitted when the subdivision does not require installation of
public infrastructure, with certain exceptions for sidewalks and bicycle paths, and when
there are area less than three lots created by the plat. Approval of a Minor Subdivision
Final Plat requires a finding that the proposed subdivision meets all of the design and
improvements standards, city's ordinances, and adopted plans per the requirements of
Chapter 23 Subdivision Code of the Ames Municipal Code.
The creation of the separate lot for the proposed restaurant requires assuring
conformance with the parking standards for each lot. The proposed restaurant is
estimated to be 5,000 square feet, which would lead to a shortage of 12 parking spaces
on the proposed new lot. When reviewing the other properties parking needs.
McFarland has a shortage of 5 spaces and Hy-Vee has an excess of 44.
Required Supplied
Sports Page 48 36
McFarland Lot 315 310
H -Vee Lot 358 402
Total 721 748
The current property owner has granted remote parking rights to support the
development of a restaurant on the proposed new lot. The City would normally require a
remote parking agreement approved by the City Council to allow the restaurant to use
1
the extra spaces on either the Hy-Vee or McFarland lot. However, as part of the platting
of the first subdivision plat, Ames Associates created and recorded a cross access and
parking agreement that provides for the shared use of all parking.
After reviewing that agreement, staff believes it serves the purposes of a remote
parking agreement even without having the City be a party to the agreement and
no additional remote parking agreement is needed with this subdivision request.
In the proposed agreement, the rights of parking and access are by easement and can
only be amended by mutual agreement. This means the rights of parking and access
are in place for perpetuity as an easement and the owners would risk losing their
property rights if they agreed to reduce the remote parking allocation.
Approval of the Final Plat requires that all public improvements are in place, with
exceptions for sidewalk/bike facilities, or the subdivision must be denied and a
preliminary plat prepared showing the required improvements. In this instance, staff
has determined that the subject property has all required infrastructure in place
for utilities and streets. A shard use path exists along Lincoln Way. Along the Dotson
Drive boundary of the proposed plat, there is a 30-foot driveway at the south boundary
and a 35-foot driveway near the middle of the site. Dotson does not have complete
sidewalks, but in staff's opinion there was no practical means to construct a sidewalk
across the driveways or to create curb returns due to the width of the lot matching the
existing pavement of the driveways. Therefore, no sidewalks improvements across the
existing driveways are required along Dotson with the subdivision.
BIKE PATH ISSUE :
In regards to bike paths, the site conforms to the shared use path needs along Lincoln
Way. Chapter 23 specifies that new subdivisions must provide infrastructure that
matches the requirements of the Ames Bicycle Route Master Plan and in general must
conform to the plans adopted by the City. Currently, there is no active Bicycle Route
Master Plan that specifies additional bicycle path facilities for the subject site. However,
the Ames Area Metropolitan Long Range Transportation Plan 2040 (LRTP) went into
effect on October 12, 2015 and it includes a facility identified as OFF-5 as a planned off
street bicycle facility along the south property line of the Hy-Vee lot in this subdivision.
An excerpt from the LRTP is found in Attachment 3. The OFF-5 project is meant to
create a parallel bicycle facility to Lincoln Way from Beedle Drive to the Inter-Modal
facility in Campustown. The project is shown as potentially traversing numerous
properties, including the subject Hy-Vee site. The LRTP labels it as a "Short-Term
Implementation Time." Attachment 4 provides photos of the rear of the Hy-Vee lot
related to the potential alignment of the bicycle path.
Due to the language of Chapter 23 specifying bicycle paths must be provided in
accordance with the Route Master Plan or duly adopted City plans, staff did not
indicate to the applicant that OFF-5 would be a mandatory improvement with the
proposed Minor Subdivision. Staff did review the area to consider placement of a
facility and there is a high degree of uncertainty about the exact configuration of
2
the path along the south property line and how opportunities may exist with
apartment property to the south. The one key piece of the bicycle path that would
be the most desirable in association with the Hy-Vee lot, would be 150-foot long
easement through the existing south driveway to bypass a single-family home
located at 202 Dotson. This would allow for the path to then connect to the
apartment complex south of the Hy-Vee lot for the remainder of its extension to
the east. However, this has not been designed or coordinated with the property
owner as it was not a mandatory condition for Final Plat approval.
ALTERNATIVES:
1. The City Council can approve the Minor Final Plat for McFarland Subdivision, Plat
2.
2. The City Council can deny the Minor Final Plat for McFarland Subdivision, Plat 2, if
it does not find the proposed plat to meet the criteria of Section 23.303 (b) of the
Subdivision Code.
3. The City Council can refer this request back to staff to pursue a voluntary easement
for the bicycle path from the property owner.
MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for McFarland Subdivision, Plat 2 conforms to the City's
subdivision and zoning regulations, to other City ordinances and standards, to the
City's Land Use Policy Plan, and to the City's other duly adopted plans as described
in the report above.
The first issue, conformance with the parking requirements, is resolved by the owner's
recorded cross access and cross parking agreement. It is not the standard agreement
that the City typically utilizes to meet the standards, but planning and legal staff have
reviewed it and find it acceptable.
In regards to sidewalks there is no practical improvement to be made along Dotson
Drive at this time. For the bicycle path issue, the timing of the project is such that
the OFF-5 improvement shown in the recently enacted LRTP is not mandatory as
interpreted by staff. It would be desirable to secure an easement for public access
through the south driveway, but it is not a mandatory condition. Based upon the missing
infrastructure ordinance (Chapter 22) adopted by Council this past summer, future
investments and improvements on the Hy-Vee site may trigger providing for an
easement or improvements in relation to the OFF-5 bicycle facility as the City updates
its plan references and further reviews the feasibility of the OFF-5 project.
Therefore, it is the recommendation of the City Manager that the City
Council accept Alternative #1, thereby approving the Final Plat for McFarland
Subdivision, Plat 2.
3
ATTACHMENT 1: LOCATION MAP
0,001,
ax.
McFarland Lot
Sports
Page
Lot
Hy•V8e Lot
,e
4
ATTACHMENT 2: PROPOSED SUBDIVISION
flip WW
Y
m a` 3 sa raz x r.¢.oa.say
+, ni .69'85T3 M,ai,vv.Ta$ g
o t
Som ,, - 3
4
w i,nrr.a3s 3 .. _...
��� t 3N 33UJY 35�3'i
uj
cc
CD
rc
w
Y 5-3 �` o
x
n
fS �;
sz cnz a s5 z.saw Ts 'a.ssc xg.sow - p—
:part c0 o A
IT
m y,
C to 0 0
-CC Oc~
Q '• ' 1 : cc row
txaU°A1C
m
=- 3AIU0 NOS100 n
ap fi' S ����$, o
m
§
Q
y� g.
< u
MR t
ter'
5
ATTACHMENT 3: EXCERPTS OF LRTP
OFF-STREET BICYCLE AND PEDESTRIAN PROJECTS (P. 208)
AT,0 r LA
Ngi�re 62.ftwined Off-Street Skyd Isui PA iestrian Projad�,
Implementation
Phasing:
Bicycle/
Pedestrian
Off-Street
Projects
Legend
In,ple—tatlouTinw
Existing RWytle FaCIOU".. . .......
0�6".RW.
General location of Hy-Ve
N
ftilityu
6
aosa e-w o�nko T,+�yy`` 'pAtvIXsr -c s,� >• � °
s �' < wrn >.� sz�ST ST�� 4 ..., � a .W E5T 57�•.�.ya' e P...-� i� tl.;�P L'v m��•�
a
General location of Hy-Vee
i✓7�NSA GEL v re : :: t - .�„,.::: � p• ,
i k�' -g NCd E7WAY C7N���N1AYk� "-piNc, t,•f 9HAY-' y' '..IINCdt •YiAY ��4�• � l:INCG IN?W4Y x
PL 3t3 R � hPGIN:R6. �TRtP T�„?✓��
aai r cicF 54yFaar4y
r.
li
W
mras ���� Y,�T 1 ,.,..ten,.x:; �'S?-• Y S T,.� '�:: ;$
It
900 0 900 1800 2700
Feet
7
ATTACHMENT 4: OBLIQUE PHOTOS OF BICYCLE PATH AREA
Ot
Jwl
VAN
gyc
�. 6 i�, p E Iu��3 N •E'r `k Y,a l` •� .a°�ifl;,�. $# 9', '•rt'-•^�: a
3
a
N
.t� • r a 2 `-ate � -
n
u r
z � m � � / •tSe
z a. Ni
Above Hy-Vee looking East Along Rear of McFarland (Franklin Park at Top)
44,
71
a11
a
Above Dotson Drive looking East Along Rear of Hy-Vee
8
ATTACHMENT 5: APPLICABLE LAWS
The laws applicable to this case file are as follows:
Code of Iowa, Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall be
submitted to that governing body for review and approval prior to recording. Governing
bodies shall apply reasonable standards and conditions in accordance with applicable
statutes and ordinances for the review and approval of subdivisions. The governing
body, within sixty days of application for final approval of the subdivision plat, shall
determine whether the subdivision conforms to its comprehensive plan and shall give
consideration to the possible burden on public improvements and to a balance of interests
between the proprietor, future purchasers, and the public interest in the subdivision
when reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. The governing body shall not
issue final approval of a subdivision plat unless the subdivision plat conforms to sections
354.6, 354.11, and 355.8.
Ames Municipal Code Chapter 23 Subidvision Code
Section 23.303(3) states as follows:
(3) City Council Action on Final Plat for Minor Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review and
approval in accordance with Section 354.8 of the Iowa Code, as amended or
superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City
Council shall examine the Application Form, the Final Plat, any comments,
recommendations or reports examined or made by the Department of Planning and
Housing, and such other information as it deems necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether the Final 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. If the City Council determines that the
proposed subdivision will require the installation or upgrade of any public
improvements to provide adequate facilities and services to any lot in the
proposed subdivision or to maintain adequate facilities and services to any other
lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval
of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major
Subdivision. [emphasis added]
23.403 Street Improvements
(15) Bikeways: A bicycle path shall be constructed in an area to be subdivided in order to conform
with the Bicycle Route Master Plan adopted by the City Council. The dimensions and construction
specifications of any such bicycle path shall be determined by the number and type of users and the
location and purpose of the bicycle path. (Ord. No. 3524, 5-25-99)
9