HomeMy WebLinkAboutA001 - Council Action Form dated July 14, 2015 ITEM # 53 & 54
DATE 07-14-15
COUNCIL ACTION FORM
SUBJECT: AMENDMENTS TO REQUIRE INFRASTRUCTURE IMPROVEMENTS
WITH BUILDING PERMIT APPLICATIONS
BACKGROUND:
At the May 12, 2015 meeting, the City Council provided direction on proposed
amendments to the Ames Municipal Code regarding requiring missing infrastructure for
individual developments. In summary, the City Council moved:
• That sidewalks in industrial areas be installed on the north and east sides of
streets with criteria for exceptions (6-0 vote).
• That substantial improvements be defined as alterations or additions in excess of
$100,000 (6-0 vote)
Furthermore, staff remarked that a "hardship clause" would be written for incorporation.
Proposed Amendments
The following language summarizes the proposed text amendment. The amendments
will be found in Chapter 5: Building Electrical, Mechanical and Plumbing Codes and in
Chapter 22: Streets and Sidewalks
• Sidewalks, shared use paths, street lights, street paving, and right-of-way
dedications are required for new construction or substantial improvements to
existing structures prior to issuing a building permit. Missing infrastructure will
need to meet the design standards of the subdivision regulations. Single-family
and two-family homes are exempt.
• In industrial zones, the City Council chose to require sidewalks on only one side
for subdivisions. When an individual development is proposed on a lot, the first
step is to see if there is a sidewalk installation agreement for the proposed
individual development. If not, then the default is that a sidewalk will be installed
if there is already a sidewalk on that side of the street adjacent to the proposed
individual development. If not, the default is that the sidewalk will be installed on
the north side of an east/west street or the east side of a north/south street.
• If the side of the street opposite the proposed development is zoned other than
industrial, the industrial side will need to install its own sidewalk.
• If the infrastructure is not present, it will need to be installed prior to issuing a
building permit or, alternatively, an installation agreement and security can be
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posted and the infrastructure installed prior to issuance of a certificate of
occupancy.
• If the cost of the installation of the missing infrastructure exceeds 20 percent of
the project cost, this is considered a significant hardship that may result in some
or all of the requirements being waived. A prioritized list of missing infrastructure
would need to be installed until the 20 percent threshold is reached.
• Substantial improvement is defined as work with a value of$100,000 or more.
• The implementation is phased so that projects that require a site plan approval
will be subject to the requirements beginning on August 15. Projects needing
only a building permit will be subject to these requirements beginning on
November 1.
The Building Board of Appeals discussed this item at their regular meeting on July 6
and recommended approval (5-0) of the proposed amendments to Chapter 5.
ALTERNATIVES:
1. The City Council can approve the first reading of ordinances to amend the City of
Ames Municipal Code, Chapter 5 and Chapter 22 of the Municipal Code to include
changes as reflected in the attached ordinance.
2. The City Council can decline to adopt the proposed amendments.
3. The City Council can refer the proposed amendments to the Municipal Code back to
staff for specific further information or for further options.
MANAGER'S RECOMMENDED ACTION:
New and infill commercial and multi-family development continues to occur, sometimes
in areas that have missing infrastructure. In order to ensure that all development pays
its own costs and that full infrastructure serves development, the City Council directed
staff in early 2014 to research and prepare ordinances addressing missing
infrastructure.
Based on the specific direction that the City Council gave to staff at the January 24 and
May 12 meetings, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, which is to approve the amendments to the Ames
Municipal Code as shown in the attached ordinance.
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