HomeMy WebLinkAboutA002 - Council Action Form dated Janaury 14, 2020 ITEM 4 36
DATE: 01-14-20
COUNCIL ACTION FORM
SUBJECT: THE WEST END CENTER SUBDIVISION, MINOR FINAL PLAT FOR 1114
SOUTH DAKOTA AVENUE
BACKGROUND:
The property owners of 1114 South Dakota Avenue: Dickson and LuAnn Jensen are
requesting approval of a Final Plat for The West End Center. which is a Minor Subdivision
of 4.68 acres. A minor subdivision includes three, or fewer, lots and does not require
additional public improvements. A minor subdivision does not require a Preliminary Plat.
and may be approved by the City Council as a Final Plat, subject to the applicant
completing the necessary requirements.
1114 South Dakota Avenue is located on the northeast corner at the intersection of South
Dakota Avenue and Mortensen Road. The proposed Final Plat divides the land into two
new buildable lots and is located within the "CCR" (Community Commercial/Residential)
Zoning District (w/Master Plan) (see Attachment A — Location & Zoning Map)
Lot 1 includes approximately 1. acres and will maintain the 1114 South Dakota Avenue
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address. Lot 2 will be approximately 2.82 acres and addressed off Mortensen Road. Lot
1 and 2 will have shared access off Mortensen Road. A private internal cross access
easement (Attachment C) will exist along the shared property line and will run the entire
width of the property.
At the time of Rezoning and Master Plan approval, there was discussion regarding
pedestrian safety and driveway crossings. Given the proximity to the Ames Middle School
and the number of residential dwellings in the area it is high bike and pedestrian traffic
area. The proposed subdivision does not directly address future driveway locations;
i f existing driveways will be
however, all future access drive locations and the design o e g Y
evaluated and designed to promote pedestrian safety as discussed during the rezoning
process. Additionally, a raised median will be required on Mortensen Road to limit
access to right in/right out for westbound traffic for any new driveway constructed
west of the Coconino Road. The median will be required as part of a Site
Development Plan approval. Access to North Dakota will continue for the site with one
driveway. Section 23.403(9) of the City's Subdivision Code limits direct access to any
arterial street that does not meet necessary separation aration distances and the number of
drives allowed to promote pedestrian and vehicular safely. Construction of the median
will meet the intent of this Code standard along with shared access between
the two sites.
There is a private shared access easement included with the Plat.
Public utilities serve both lots. An eight-foot shared use path ex
ists on both
proposed
South Dakota Avenue and Mortensen Road. New water, sanitary sewer, and electric
easements will be established with this plat. The City Council is being asked to accept
and approve two amendments to two easements. Changes to easements are
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usually processed as an easement vacation and new easements would be
approved. However, in this instance an Electric and Shared Use Path Easement, in
the southwest corner of the plat, were allowed to be changed as amended
easements as the area is only being expanded, not reduced. All land within the
existing easements will be within the new easements.
The applicant has provided an agreement for the installation of sidewalks The agreement
requires sidewalk installation along all street public frontages Street on each lot as they
develop. No financial security is required. The proposed lots and future development are
subject to Master Plan requirements approved in April 2019.
After reviewing the proposed Final Plat of The West End Center, staff finds that it
complies with all relevant and applicable design and improvement standards of the
Subdivision Regulations, to the City's Land Use Policy Plan, to other adopted City
plans, ordinances and standards, and to the City's Zoning Ordinance.
ALTERNATIVES:
1 .Approve the Final Plat of The West End Subdivision based upon the findings and
conclusions stated above, subject to:
a. City Council accepting the Amended Electric Easement and the Amended
Shared Use Path Easement: and
b. Construction of a raised median along Mortensen Road. allowing only right
in/right out turning movements, to the specifications of the City of Ames Public
Works Director. The median is a requirement of a Minor Site Development
Plan approval for relocating or adding an additional driveway along Mortenson
Road.
2. Deny the Final Plat of The West End Center and find that the proposed subdivision
does not comply with applicable ordinances, standards or plans.
I Refer this request back to staff or the applicant for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
City staff has evaluated the proposed Final Plat of The West End Center Subdivision and
determined that the proposal is consistent with the requirements of the Municipal Code
The applicant has provided an agreement for the installation of sidewalks and all
necessary easement documents. A raised median along Mortensen will be required to be
installed with development of the site, along with compliance with the approved Master
Plan. Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative #1 as described above.
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Attachment A — Location Map
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Location Map:
h1 1114 S Dakota Avenue
Attachment B — Final Plat of The West End Center
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NOW 3VQAY VIONVO HIMS
Attachment C — Private Access Easement Agreement
Prcnarcd 1h and when rm:oided return 1u:Nattimi Allen,5820 jljjk.wa%',LVc.j,1,),s Moires,IA.50266
,5 1))261-2870
ACCESS E.ASEMENTAGREEM ENT
'1111S AC',C.F*SS iSTMI&and cT1t',1'cd into as of
the day of , 2014 9, by and between DICKSON 1).JI..NSLAN w'd TXtANN,
C.JENSE"N, husband and wife,Witil PlillCipill adth'CSS of 4611 ,vtuitefisun Rd.,s'r7 W6, Alrles.
IA ';0014("Jensen"),and HY-VLE. INC an lo-1 C01poration("Ily-vec"),with principal plat;c
ol'business 1058,10 WLcslown 11,irkway,Wcs!Des MoincN,IA 50'16,6;Wl'T'NESSIF,Fil'
WilF.RFAS, Jenson wwns real estate Situated in Mies, Story Counly, lmka, legally
described on Fxh;bit"A"attachullicreto and incoT-poratc-d herei.-,(the"Jensen'l r":t"!;and
WIll."R EAS, i I y-V"-owns real estate in Armes, Story Cu,Anly, Iowa, lep I IN: descT I bctl Q I
attached hereto and i1worpor,ited herein (tile"ll'—VC": "k-hich is adjacent to
the Jens,-n'['ract;and
WHEIM AS,denser and 1 IY-Vee have ayrcctj to grant Ccrta:11 cascweI'.?'s lo: w'i
pedestrian ingress and ep'l-Css cor the lxneflt of tiro Jensen;Tract and the ify-Vec'Yracl as described
licl-L:m.
NOW, '11JERF"FuRE, fur and in consideration of One Dollar (S the receipt and
adequacy w-which are hereby acknowledged,it is agreed as roll(mis:
1. Access L'asernunt Area.
a. Fascinew Arcn. I'hC"Access FILmment A?ca"is legally desct'il>cd on
Fxhibil attached horcto and incorporated herein, .1od visually depicted D omache,l
hereto and incorpozatcd lici-cin
b. ConstrUeLioll. Cu file I 11PON111COUS with the development by Ily-Vec of the fly-
Vet.Tract,I ly-Vee shall construct apaved roadway upon the Access Easement Alca at fly-
Vue's Solt: cost and expense. 'l-hercallcr, the owner ol'the I ty-Vee "tract.shall maintain
such driveway in conjunction with owner of the liy-Vee'I'ract's operation of'its business
upon the Hy-Vec 'I'ract at such owner's sole cost and expense until such till", as
d1c,"C"upinclit is colilpIcted or.the jCIISCII TraCt. At such time as development is corniflocd
on the lcuscri Tract,the owner of We Jeriscri Truct BY! 0 rammlk Or 511y pereW
(50%)of the cost of maintenance,repair,rcplaccincrI4 amw Wrium,and ox m6pin 01'
any)of the driveway AnKowntems upon the Access Easement Area hum and after such
lime,payable by we owner of the.1cilsen Tract within thirty(30)days 11ollowill"..,receipt or
;an invoice lhcrtfbrc,
c. j-tLiscnicnt GjDcjjj. Jens,'ni hereby grants l'or [lie berwilit of the I[Y-VQC 'I'l3et a
pel-pelual,non-exclusive easement in,ovei and upon that potion ui'thv
Area that is located on the.lensenTract for use as a private drive and crossing tbr vehicular
inWvss and egress Aw We owners,crnpJVYcM agents,Jimnsm MW MOM"0114 Wec
'I rao, and For the initial construction and thereafier maintenance, repair and rcPlacernel"Ir
cNiepaved roadway improvements within the Access VaNemcnt Area. Inaddificii0crisell
hereby grants R)we owner of the Hy-Vee Tract a collsjjacti(,.qi casement over
only so nmeh of the Jensen Two as nu.11' be necessary for the initial construction and
imWW&n of we paved roadway improvements within the Access Eascnictit Area.
I QqrnciA Want. HtVu hereby grants Rw we benefit wAk jmwn Fraw a
perpetual,nori-exefuMvc casement in over and upon that portion orthe Access Hamwill
Area located on we i"Vee Wo Ir use as a Private drive and c'0asiflg for vehicular
ingress and egmss IN the omwn em0y",agcnk A"nwm,so Was of&C 3cr.mn
Enmwm Moo W"I"ns. Hy-We W Jensen hereby grant lor
UIC ITILItUal benefit orthe I yVec Met and the Jensen TmM an mrserimlt At pedestrian
and vehicular ingress and egress over the Wlsways WE uxi-st upon the I ly-Vec Tract and
the Jensen Two,from twcaytinw W MCMWW&W aM=S to and form the Hy-Vee Duct,
Cue C JU I Isc I I T Mu I!C I I Sel-A Rd,anti S- Dakota Av-
2. Restrictions. The ovvners of the JCIISQII Tvao and the I ly-vee Tlao '41ull use
reasonable efforts to ensure that n0barricades, signs, fences, or other dividers will be
c(in,;U-uctcd in,over or upon wW that nothing will he done to prohibit or discourage the Se and
unhKampted access over and across the Access ifasenleia Area author ingress and egress ljowccil
the Hy-Vee Tract and the Jensen Tj-act generally; provided, hovvc\,cr. I ly-Vec may temporarily
restrict access to certain por'Jons of the Access Fasernein Area in conjunction witii the installation.
repair or re-consn-.joWn of Hm driwway ix ago mmems upon such easonnu awa.
Lh&Land. The Jenson'[rua and the lty-Vvc I-t sh-'i!
I-,z held, sold and conveyed mIxt W the MOO!ior-,Covenants and easement.;contailicd herein,
a or void,shall be covenants runAng wide the land and W be binding qwN and hwM to the
benefit of,all parties having any rij�lil,title and interest in said properties,or any part thereof,and
their respective heirs, successors and assigns.
-1.
No covenant,restriction,condition or provision of this F.nscnilent shall b,(-.
deemed to have been abrogated or waived by reason of any failure tounforce the silille at any time,
irrespective orthe number of'violations or breaches which niay occur.
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5. Savimts Clause. `['ire invalidity of any covcns+nt, restriction, condition, hinilatin,:
err any other provision of this Easement, as the case may be, shall not render the remainder of
the 1i1,,sement invalid,
6.. Amendtncrtyblorliltcation. This I?asewent may be amended by the writlen consent
and rnutual agreement of the owner of the fly-Vee Tract and the owner of only those portions of
'he Jenset:Tract that directh:abut the Access Rc1.s,emenl urea
7. Governing Law. This Basement shall be construed and enforced i n accordance with
the laws of the State of Iowa.
8. Counterparts. This Fawment m y be executed in one;or more counterparts and on
separate counterparts,each of which shall be deemed an original, but all of which together shrill
constitute one and the sarne instrument.
[SIGNATURES ON MLLOWING PAGES]
IN Wl*['Nl:-SS W1 H;M`01', Jensen and I ly-VeC have CXCCUICLI this f',lS'-'nlCnt On the date
first aboveWritten.
JENSEN:
Dickion 1),Jensen
............
LuAnn C.Jensen
STATF.',OFIOWA,COUNITY U Ss
This record was acknowic(h,ed before me on .......... 120 9,by Dickson
.
D. Tellell and I.LiAnn C.Jensen,husband and wile.
Notary Public in and for the
State ot'Iowa
I IY-VEM
I IY-VI-',l:, INC.,at-,Iowa corporation
Ily: ... -11..--"---.--.--.--------...-..-
Peter fllos::h
Vice I'mident
BY:
Nathan Allen
AssWinm Secretary
STATF.OFIOWA,COIJINTYCIF POIKss
On.this day ol' 2019.hc',m:nic,the
0 and for Ac state o-f Iowa,qrsonally.appeared Peter Hosch and Nathan f0lul to me pumunaHY
knmm, "to being by nw dAy sworn Ad my that they my be We Pre kbm ml
SCCO."tary, respectively,w-fly-Vee, Inc.,Im iota corporation,thattlic instiulnellt to vdlich this is
attached was signed on behalf of said corporation,by authority 0fitS and that
the said Peter I losch and Nathan Mmi as such officers ackv.owledged the execution of said
hm-m= W be the vWmwq act and dud of said corporation, by it and by them ',olunlari!-
excaded.
Notary Public In and liar the
SMIC of 10ml
Mmchmem,,;:
L-,xhlbit"A"—Legal Description ol'Jensen'l-ract
I.-'.xhibit"B"--Legal Description oflIy-VccTrac(
Exhibit"C" - Legal Description of Access Fasemcnt Arca
Exhibit"D"—Visual Depiction of Access
Fasement Area
Attachment D — Applicable Laws and Policies Pertaining to Final Plat
Approval
Adopted laws and policies applicable to this case file include, but are not limited to, the
following:
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 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 Pianning
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.
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