HomeMy WebLinkAboutA020 - Council Action Form dated November 12, 2019 ITEM #: 29
DATE: 11-12-19
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY PLAT FOR KINGSBURY'S THIRD ADDITION
BACKGROUND:
Kingsbury's Third Addition Subdivision is a proposed 6.91-acre development on SE 3rd
Street, just north and east of Target. (Location map -Attachment A) The property owner,
DET Land Company LC, is requesting approval of a preliminary plat creating 2 lots,
and one lot to be dedicated as right-of-way for the extension of SE 3rd Street. (Lot
Layout-Attachment B). The proposed subdivision is a Major Subdivision due to the
requirements to extend infrastructure.
The largest lot is Lot 1 (5.61 acres) along the north side of SE 3rd Street with the smaller
Lot 2 (1.07 acres) located directly east of Target. No immediate development is proposed
for either of the two lots. The majority of both of the lots are located in the floodway fringe
and any subsequent development will require adherence to floodplain development
standards. The proposal for this subdivision requires the extension of infrastructure to
fully serve both lots and extend to the east edge of the site. Appropriate easements for
water, sewer, and public utilities are shown on the Preliminary Plat.
The City plans for a future extension of Cherry Avenue to the east of this site that includes
a future connection to SE 3rd Street. The owner intends to defer the installation of
infrastructure in conjunction with this proposed plat until such time as Cherry Avenue to
the north and east is extended south to intersect with SE 3rd Street or until site
development on one of the lots. The fill dirt that must be brought in to match the existing
grade of SE 3rd is such that until future street connections or development is necessary
the construction of road base is seen as cost prohibitive and not necessary by the
developer. If a deferral is granted in the future by the City Council at the Final Plat stage,
financial security for the required infrastructure must be provided and an infrastructure
deferral agreement must be prepared and approved in conjunction with the final plat as
provided for in Section 23.304 and 23.409 of the Ames Subdivision Code.
Planning and Zoning Commission: At its meeting on October 16th, 2019, the Ames
Planning and Zoning Commission voted 4-0 to recommend approval of the preliminary
plat to the City Council. The owner and a neighboring property owner spoke to the
Commission at the meeting.
ALTERNATIVES:
1. The City Council can approve the Preliminary Plat for Kingsbury's Third Addition
Subdivision.
2. The City Council can deny the Preliminary Plat for Kingsbury's Third Addition
Subdivision, by finding that the Preliminary Plat does not meet the requirements of
Section 23.302(3)(b) or by setting forth its reasons to disprove or modify the proposed
preliminary plat as required by Section 23.302(4) of the Ames Municipal Code.
3. The City Council can defer action on this request to the next regular meeting and refer
it back to City staff and/or the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
This preliminary plat proposal includes two developable lots. The preliminary plat
identifies all the necessary infrastructure to serve the two developable commercial lots,
and dedicates a portion of right-of-way for sidewalk and street extension. City staff has
reviewed the proposed plat and find it conforms to the requirements of the Ames
Subdivision Regulations and to the other adopted policies and ordinances of the City.
The applicant is proposing to defer infrastructure installation with financial security until
extension of Cherry Avenue to the northeast of this location or one of the lots is
developed. This request for deferring the installation of infrastructure will require the
approval of the City Council at the time of Final Plat approval.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1 recommending approval of the Preliminary Plat
of Kingsbury's Third Addition Subdivision.
Addendum
General Site Info
The site is currently one parcel of 6.91 acres lying north and east of SE 3rd Street just
north and east of Target. The south half of the site is relatively flat with an increase in
grade and elevation on the north half. Attachment B includes an aerial of the site. The site
is zoned Highway-Oriented Commercial (HOC), which is also consistent Land Use Policy
Plan land use designation.
Immediately to the east of the site is a parcel zoned Agricultural. City water wells are
located further to the east. To the north are properties zoned HOC with a mix of non-
conforming residential and zoned commercial uses on them. To the south is commercially
zoned land (HOC) containing Target, Walmart as well as various other commercial uses.
To the west is commercially-zoned land with various commercial businesses. Attachment
C includes zoning of the area.
Lots
The site will yield two developable lots. The largest is about 5.61-acres. One smaller
commercial parcel of 1.07-acres will also be created. A .23-acre lot is reserved for street
right-of-way. HOC zoning has no minimum lot size, but requires a minimum of 50 feet of
frontage.
Flood Plain
The vast majority of the site lies with the FEMA-designated flood plain. Development
within the Floodway Fringe is allowed provided that buildings are elevated or flood
proofed to 3 feet above the Base Flood Elevation (BFE or the water surface level of a
flood having a 1 percent chance of occurring in any given year). Existing BFE ranges from
approximately 886.25 feet up to 887 feet across the site. Chapter 9 floodplain
development standards require buildings to be constructed a minimum of 3 feet above
BFE at a given location to meet flood protection. Existing grades on the two lots range
from 883 feet to 887 feet. This requires a range of approximately 3 feet to as much as 7
feet of fill that may be required depending on where building construction takes place.
Streets
All lots will be fully served by the extension SE 3rd Street as a collector street. The
subdivision will require the extension of 153 feet of SE 3rd Street to the east of the current
point of ending. An intersection with Cherry Avenue will be constructed in the future
connecting SE 3rd Street and Cherry Avenue further to the east of this site.
Due to issues with terrain near the northern edge of the site staff has not recommended
dedication of right-of-way for 2nd Street at this time. There exists a large electric
transmission line that would need relocated should 2nd Street be extended further
eastward. South Borne Avenue which would intersect with 2nd Street to the east is not
standard right-of-way size and would need improvements to connect if 2nd Street was
extended. Acquiring more right of way along South Borne would be an extensive process
with neighboring property owners.
Water
A public water main will be extended from the existing east end of SE 3,d Street further
east to the new east end of SE 31d along the south side of the street. A fire hydrant will be
relocated there in conjunction with the extension.
Sewer
A public sanitary sewer main will be extended from the existing east end of SE 3rd Street
further east to the new east end of SE 3rd along the north side of the street. An existing
manhole will be adequate to serve the new segment once installed. A proposed 20'
sanitary sewer easement is shown along the southwest portion of Lot 1.
Electric
Extension of electrical service is required with the extension of SE V Street. The
extension of electric transmission and services will be placed underground to serve both
lots.
Sidewalks and Trails
A five-foot sidewalk is required along the frontage of each of the lots as the property is
zoned commercial. No trails are required for development of the site.
Storm Water Management
Storm water will be managed upon site development of the properties—a small storm
water detention easement exists at the northeast corner of the proposed Lot 1 however
that easement does not serve the existing runoff for these properties. Further storm water
information will be needed prior to approval of the Minor Site Development Plan but, for
purposes of this preliminary plat, the proposed grading and detention plans can be
approved. Development of each lot will be subject to the requirements of Chapter 5b.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property.
Attachment A-Location Map
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Attachment B-Preliminary Plat
PRELIMINARY PLAT
KINGSBURY'S THIRD ADDITION
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ATTACHMENT D: APPLICABLE SUBDIVISION LAW
The laws applicable to this Preliminary Plat Subdivision 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(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.
(6)
Ames Municipal Code Section 23.302(6):
(7) 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 IV, establishes requirements
for public improvements and contains design standards.
Attachment E- Floodplain Map (Light Blue)
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