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HomeMy WebLinkAboutA002 - Proof of Publication dated June 30, 2021 Proof Of Publication In THE AMES TRIBUNE ............. ................................... ............................................................ CITY OF AMES 515 CLARK AVENUE AMES,IA 500100811 STATE OF IOWA,STORY COUNTY on oath depose and say that I am thekegal Clerk of THE AMES TRIBUNE,a daily newspaper,published at;Ames,Story County,Iowa that the annexed printed: CITY OFAMES Ordinance No 4441 was published in said newspaper I time(s)on June 30,2021 the last day of said publication being the 30th day of June,2021 Legal Clerk Notary Public,Stat/11,Wisconsin,County of Brown -7 My commission expires sworn to before me and subscribed in my presence by this the 30th day of June,2021 FEE: $336.69 KATHLEEN ALL:EN ADM 0001414801 ACCT: 33408 Notary Public si State of Wisconsin Page 1 of 1 r 1*1414901 inspection of public Improve- slon. mendations. ORDINANCE NO.4441 ments required by this Chapter. ... (3) Planning and Zoning Com- (c) The Department of Plan- AN ORDINANCE TO AMEND THE DIVISION 111 mission Review: nfng and Housing shall forward MUNICIPAL CODE OF THE CITY OF PROCEDURE (a) Public Hearing Required. the Final Plat to the City Council AMES,IOWA.BY AMENDING SEC- 23301.PRE-APPLICATION CONFER- The Planning and Zoning Commis- for its review within 30 days after TIONS 23.102(4), 23,103(2)(a), ENCE- sion shall consider the proposed the Applicant has filed a complete 23.105(1), 23.301(2)(b), .• Preliminary Plat at a.public hear- Application for Final Plat Approval 2 3.3 0 2(1)(a)(i i)(i I), (2)Procedure: ing conducted as part of a regu- if the Department finds and re- (2)(a),(3Xa)(b)(c),(8)(b)(i-o)ru()v)( larly scheduled meeting.Notice of Ports in writing that the Final Plat v)(v%(9)(a)(C);—23303(I)(b)(,)n — (b)The Applicant shall com-—the public hearing shall be made-- -substantially-conforms.to the.ap-_ (Gi)(iv)(v),(2), 23305(2)(a), plete a Sketch Plan application by mall,as provided for by Section proved Preliminary Plat and Final 23307(1)(2)(3)(4)(a)(b)(c)(d).(5)(b and submit seven copies of a 29.1500(2)(d)(1),by posted notice, Plat requirements.An Application ) ( c ) ( e ) ( 6 ) ( 7 ) Sketch Plan or a City approved as provided for by Section for Final Plat Approval of a Major 23-308(2)(b)(c)(e),(3)(a)r4(vv)(v)( portable document format (PDF) 29.1500(7)(d)(ili), and as may be Subdivision shall be "complete" v i)(v)I)(v i i I)(I x). for the area of land proposed to required by Chapter 21 of the Iowa for the purpose of commencing (4)(a)(b)(c)(i)(d),(S),(5)(a)(7)I be subdivided at least five days Code. time periods within which action 23.309(3), 23301(7)(8), prior to the Pre-Application Con- (b) The Planning and Zoning by the City Council Is required 235030){g)(h W,23504(7)(P)(q), ference. The date of the Pre- Commission shall examine the when so certified by the Depart- Z3.704(9)(b)(e).23.706(t)(7) application Conference shall be Preliminary Plat, any comments, ment of Planning and Housing. THEREOF, FOR THE PURPOSE OF set by the Planning and Housing recommendations, or reports as- (Ord.No.3545,1-11-00) AMENDMENTS TO CHAPTER 23 Director. sembled or made by the Depart- SUBDIVISIONS REPEALING ANY (Ord.No.4095,01-10-12) ment Of Planning and Housing, Sec.23.303.MINOR SUBDIVISIONS AND ALL ORDINANCES OR PARTS and such other information as it FINAL PLAT. OF ORDINANCES IN CONFLICT TO Sea 23.302-MAJOR SUBDIVISIONS. deems necessary or desirable to (1) Minor Subdivision Proce- THE EXTENT OF SUCH CONFLICT; (1)Major Subdivision Prelimina- consider. dure: AND ESTABLISHING AN EFFECTIVE r'y Plat Procedure: The Applicant (c)Based upon such examina- .. DATE. shall file a complete Application tion, the Planning and Zoning (b) An Application for Final for Preliminary Plat Approval of a Commission shall ascertain Plat Approval of a Minor Subdivi- BEI7ENAcTEDlby the City Coun. Major Subdivision with the De- whether the Preliminary Plat con- sion shall include: cil for the City of Ames,Iowa,that partment Of Planning and Housing forms to relevant and applicable (1) a completed Application Section One. The Municipal at least 15 days prior to a regular design and improvement stand- Form(entitled-Application for Fi- Code of the City of Ames. Iowa meeting of the Planning and Zon- ands in these Regulations,to other nal Plat Approval of a Minor Sub- shall be and the same is hereby ing Commission and no later than City ordinances and standards,to division") available from the De- amended as follows: 100 days after issuance of the the City's Land.Use Polley Plan, partment Of Planning and Hous- DIVtSION 1 classification as major subdivi- and to the City's other duty adopt- ing; GENERAL PROVISIONS sion. ed plans. (it)sixteen paper copies no See.23.102.PURPOSE, (a)An Application for Prelimi- larger than 24-x 36-and one APPLICATION,AND nary Plat Approval of a Major Sub- (8) Major Subdivision Final Plat blackllne copy no larger than WAIVER/MODIFICATION. division shall Include: Process: 11"X17"of a Final Plat prepared In (4)Such area of land shall be --- -. accordance with subsection platted or reviewed in accordance GO twelve paper copies no (b) An Application for Final 23504.The Planning and Housing with these regulations,prior to Is- larger than 24-X 36"and One black Plat Approval of a Major Subdivi- Director may allow for electronic suance of zoning and/or building line copy no larger than 11"x 17" sion shall include: submittals of Plat documents in Permits for a principal building or of a Preliminary Plat prepared in ... lieu of all or some of the required change in use of that area of land. accordance with subsection (it)twelve paper copies and paper Copies; A zoning permit and/or building 23501.The Planning and Housing one reproducible blackline copy (1)i)an electronic format port. permit shall not be issued with re- Director may allow for electronic no larger than 11"X 17"of a Final able document file (PDF) as ap- spect to an area of)and that is submittals Of Preliminary Plat Plat prepared in accordance with proved by the City: within the scope of 3(a) or 3(b) documents in lieu of all or some of subsection 23.503. The Planning (iv) An electronic file of a above until such area of land has the required paper Copies; and Housing Director may allow Computer Aided Design Drawing been platted,in accordance with (III)an electronic format Port- for electronic submittals_of Plat of the-Final Plat to City specifica• these Regulatioms oir ootherwise—able document file(PDF)-as ap- documents in lieu of all orsome of tlons, if required by the Public determined to be a legalized lot as Proved by the City and a CAD the required paper copies; Works Director and defined in this Chapter. drawing to City specifications If (III)an electronic formatport- (v)any filing fee established (Ord.No.4061,4.26-11) requested;and able document file (PDF) as ap- by the City Council. SM 23.203. proved by the City; (2)Staff and Agency Review of WAIVER/MODIFICATiON (2)Staff and Agency Review of (Iv) an electronic file of a Final Plat Approval for Minor Sub- Preliminary Plat; Concurrent Re. Computer Aided division:The Department Of Plan- (2) The requirements of the view by County: Design Drawing of the Final Plat to ning and Housing shall distribute Regulations for the platting of a (a) The Department Of Plan- city specifications,as may be re- a copy Of the Application Form Minor Subdivision may be waived nfng and Housing shall distribute quired by the Public Works Direc- and the Final Plat to the Depart- by city staff when it Is determined a copy of the Preliminary Plat to tor. ment of Public Works and such by city staff that: the Department of Public Works (v)any Improvement Guaran- other departments, persons, and (a)A clear and accurate de- and such other departments,per- tee,as necessary,in a form eon- utility companies as It determines scription of the area of land will sons,and utility companies as it sistent with the requirements of may be necessary or appropriate be provided by means of a plat of determines may be necessary or Section Z3.409 of the Regulations; for their review. Comments, and survey to be procured by the appropriate for their review,com- and recommendations. The Depart- property owner, and in compli- ments, and recommendations. (vl)any filing fee established ment of Planning and Housing ante with Section 2330& City staff may request additional by the City Council. shall assemble,review,and report Information from the applicant to (9)Staff and Agency Review of on any comments or recommen- Sea 23,105. ENFORCEMENT AND address the PrOjecrs consistency Final Plat for Major Subdivision: dations submitted to it for consid- PENALTiES with the City standards and ordi- (a) The Department Of Plan- eration by the City Council. (1) Enforcement: It shall be nances.The Department of Plan- ning and Housing shall distribute the duty of the Planning and ning and Housing shall assemble, Final Plat to such Other depart- Sea 23305 APPROVAL.RECORDA- Housing Director to administer review, and report On any Com- ments. persons, and utility com- TION AND APPEAL the provision of this Chapter.The ments or recommendations sub- panles as it determines may be Public Works Director has sole au- mltted to it for consideration by necessary or appropriate for their (2)Appeal of Decision. thoritY for the administration and the Planning and Zoning Commis- review, comments and recorn- (a) Conveyance Parcels.Decl- slons of the Planning & Housing or Are-established Conveyance (7)Appeals. Planning&Housing Director,and Director pertaining to the determi- Parcel,or has not otherwise been Decisions of the Planning&Hous- for the surveyor who prepared the nation of a Conveyance Parcel deemed a valid parcel for permit- ing Director under the provisions map,except that it shall be sub- classification may be appealed by ting purposes under the provi- of this Section 23.307 are miffed unsigned by the surveyor. the owner thereof to the Zoning signs of this Chapter,the Director appealable to the Zoning Board of (vil)Identification ofanycon- Board of Adjustment within 20 shall issue a written determina- Adjustment under the provisions tiguous or abutting lots or parcels days of the date of the decision. tion that the parcel is not an au- of Section 23.305(2)(a). under the same ownership as the The appeal shall state the specific thorized division or subdivision of (Ord.No.3998,7.28-09) subject site. reasons for the appeal and ex- land under the City's subdivision Sec.7330a.REVIEW PROCEDURES (vlll)The names and slgna- Plain how the Director erred in the standards,and that it is not rec- FOR PLATS OF SURVEY. tures of the owners of each lot or decision.. -- — ognized by the City as a valid par- -- — - -—parcel-that-the-proposed plat of- cel for permitting purposes.The (2)Applicability. survey encompasses. Section 23307. REVIEW PROCE- determination shall be forwarded Ox)Any filing fee establish- DURES FOR CONVEYANCE PAR- to the applicant,and also to the (b) Replats to correct errors ed by the City Council. CELS. county Recorder's Office, the as Provided In Section 23311. (4)Staff and Agency Review of (1)Purpose. County Auditor's Office, and the (c)Auditor's plats as provided Proposed Plat of Survey. The purpose of this Section is to City Assessor's Office. in Code of Iowa Section 354.13. .. provide a review process to deter- (Ord.No.406L 4-26.11) (Ord.No.4255,4.26-16) (a) Review for Completeness. mine if Conveyance Parcels as de- (5)Conforming Conveyance Par- ... The Department of Planning and fined in Section 23201(20)are to cel. (e) Minor Subdivisions in Housing shall review the applica- be recognized as independent de- Conforming conveyance Parcels areas of the Ames Urban Fringe tion to determine if It contains all velopable parcels based upon the are those that conform to the min- designated as Agricultural&Farm information required under sec- time of their creation or based imum size, area and width re- Service or Rural Residential, In- tion 23308(3). upon their conformance to appii- quirements specified in Ames Mu- cluding required covenants de- (b)Distribution.Upon determi- cable development standards.It is mcipal Code Chapter 29 at the scribed in(g). nation of completeness, the De- further Intended to define a proc- time that a determination Is made partment of Planning and Housing ess by which building, or zoning under the provislons of section (3) Application for Review of shall distribute copies to the Of- permits can be issued for convey- 23307(4).Conforming Conveyance Plats of survey. fice of the City Assessor,the De- ance parcels. Parcels are subject to the follow- (a)The applicant shall file an partment of Public Works,the ap- (2)Applicability. ing requirements: Application for a Plat of Survey plicable County Planning Depart- This Section applies to all parcels ... with the Department of Planning ment and County Auditor's Office, or divisions defined as Convey- (b) Conveyance Parcels ap- and Housing.Planning and Hous- and such other departments,per- ance Parcels in Section 23201(20). proved under this Section shall be ing Director may allow for elec- sons,and utility companies as It (3) Application for Review of described and recorded by plat of tronic submittals in lieu of all or determines may be necessary or Conveyance Parcel. survey as allowed under the provi- some of the required Paper cop- appropriate for their review,com- Application for review of Convey- slons of Section 23.103(2),(as op- les.The application shall contain ments and recommendations. ance Parcels shall be per forms posed to a final subdivision Plat). the fallowing information: (c) Review Procedures- Pre- approved by the Planning and The property so described by the ... liminary Decision. Housing Director and include all of Plat of survey shall be staked with (III)A legal description of the ... the following. official survey monuments as lot.tractor parcel to be divided or (i)The dedication and instal- -_ specified in Section 23.401(5)prior adjusted, latlon of improvements necessary (4)Review Procedures to the recording of the Plat of sur- (iv)A dedication to the pub- to comply with all Design and Im- The Planning&Housing Director vey and prior to issuance of zon- lic,or other conveyance document Provement Standards contained (or designee)shall review the ap- ing or building Permits. In a format acceptable to the city, in Division IV of this Chapter,and Pllcation and determine if the (c)All dedications and public of all lands as may be determined with all other adopted codes and Conveyance Parcel conforms to improvements otherwise applica- necessary for public use, regulations applicable to the.divi- one of the fallowing: ble to subdivisions as required by (v)Six paper copies and an sion of land. (a) Conformance to develop- the City's Design and improve- electronic format portable docu- ... ment standards.If the parcel was ment Standards specified in Ames ment file(PDF)as approved by the (d)Decisions of Denial. created by,or resulted from a con- Municipal Code Chapter 23. Divl- City of a scaled graphic illustra- If the Planning&Housing Depart- veyance occurring Prior to July 1, sion IV,shall be Installed prior to tion(map)of the existing lot.tract ment finds that the proposed plat 1990 or prior to August 4,2009.andv creation and recording of the plat_ or parcel,.identifying lot area,di- of survey does not comply with all - was legally established at that of survey and prior to issuance of mensions and reference to estab- standards defined in Subsection time in conformance with zoning zoning or building Permits lished survey monuments, abut- 23308(43),the Director shall ren- standards or conforms to current •• tang streets and rights of way.any der a written decision of denial. lot frontage,width, and area re- (e) Provisions of subsections easements on or serving the site. The decision shall state how the quirements,the Director shall is- 23307(5)(c) and 23307(5)(d) do and any existing structures on the proposed plat of survey does not sue a written determination that not apply to site and within 10 feet of the site, conform to all adopted codes and the lot is a Conforming Convey- Conveyance Parcels created by (vi)Six paper copies and an standards. Decisions of denial ance Parcel and is subject to the boundary line adjustments, ex- electronic format portable docu- may be appealed to the City Coun- review Provisions of Section cept that the requirement for a re- ment file(PDF)as approved by the cil Pursuant to Section 23305(2). 23307(5). Corded Plat of survey shall be City of a map(graphic illustration) (5)Final Decision. or complied with prior to zoning or of the proposed plat of survey Once a preliminary decision of ap- (b)Creation by plat of survey. building permit issuance. (not an official or signed plat of proval has been rendered by the If It can be verified that a plat of survey). which Includes the Pro- Planning&Housing Director for a survey for the conveyance parcel (6) Are-platted and Pre- posed name of the plat of survey, Plat of Survey, excepting Boun- was recorded prior to August 4, established Conveyance Parcels. references established survey dory Line Adjustments and con- 2009,it shall be considered a pre- Any lot deemed to be a pre- monuments, Includes all dimen- veyance Parcels, the decision Platted Conveyance Parcel;or platted or pre-established Con- sion of lot er parcel lines,states shall be forwarded to the City (c) Creation by deed or con- veyance Parcel under the provi- the area of the lot or parcel by Council for final review and deci- tract.If it can be determined that sion of Section 23.307(4)shall be square footage,and which shows Sion. If the City Council agrees the Conveyance Parcel was creat- recognized as avalid lot of record. all easements on or serving the with the Planning & Housing Di- ed by deed or contract and also Permits may be Issued subject to parcels contained within the pro- rector's preliminary decision.the surveyed Prior to July 1, 1990, It conformance with all develop- posed Plat of survey.The format Council shall render final approval shall be considered a pre- ment standards as adopted,and of the proposed plat of survey of the proposed plat of survey. established Conveyance Parcel, subject to the presence of survey shall be in substantially the same The City Council's decision to ap- (d)Unauthorized parcel.If the monuments to facilitate verifica- form and format as an official plat prove the proposed plat of survey conveyance parcel is not deemed tion of setback compliance. of survey and shall include signa- shall be by resolution, and the by the Director to be a pre-platted (Ord.No.4061,4-26-11) ture blocks for the City of Ames resolution shall be certified pur- suant to Code of Iowa Section - INTEGRATED SITE PLANS erwise fall under the provisions of 354.8. For Boundary Line Adjust- (7)the location,width and char- subsection 1 above, require only ments and Conveyance Parcels after of all existing or proposed 23.704.REQUIREMENTS FOR INTE- the consent of the Individual af- the Planning and Housing Director utility easements on or abutting GRATED SITE PLAN SUBDIVISION. fected lot owners. is authorized to make a final deci- the area of land proposed to be (4) If a Portion of an integrated sion of approval in writing,Includ- subdivided. (3) Building and Structures.All Site Plan Subdivision is vacated, ing with conditions,for Preparing (8)The Planning and Housing Di- buildings and structures con- the property subject to the vacat- the Official Plat of Survey. rector may waive requirements tained In the Integrated Site Plan ed portion shall constitute one lot (6) Installation of Required Im- for identification of existing infra- Subdivision are Subject to the fol- unless the property is subse- provements. structure locations If no changes lowing setback provisions: quently divided by an approved (a)All public improvements as are proposed to the infrastructure _ __subdivision._Development_of—the_ — required by this chapter shall be or other requirements regarding (b)Setbacks are not required vacated lot is subject to an installed prior to unique conditions of the site. from Interior Property lines within amendment to the Integrated Site creation and recordation of the of- (Ord.No.3524,S-25-99) the Integrated Site Plan Subdivi- Plan Subdivision and associated ficial Plat of survey and prior to is- Sion.However,Property Imes may integrated Site Plan. suance of zoning or building per- Sec. 23503. FINAL PLAT (MAJOR not bisect buildings unless a fire- Section Two.All ordinances,or mits.These requirements do not SUBDIVISION). wall is located along said property parts of ordinances, in conflict apply to pre-platted conveyance line. herewith are hereby repealed to Parcels as described in Section (3)Major Subdivision Final Plat (c) Building Coverage and the extent of such conflict,If any. 23.307(4)(c), or to boundary line Attachments.The following shall Floor Area Ratio (FAR). Shared Section Three. This ordinance adjustments unless improve- be attached to and accompany maximum building coverage and shall be in full force and effect ments are otherwise required un- any Final Plat for a Major Subdivl- floor area ratio standards may be from and after Its passage and der the provisions of Section Sion: approved for the overall site. publication as required bylaw. 23309(3). •• (4)Landscaping.The landscap- Passed this 22nd day of June, (g)a dedication to the public ing standards of the underlying 2021. (7)Preparation of Official Plat of of all lands within the plat that are zone apply to each lot within the Survey. designated for streets, alleys, subdivision,except as follows: Diane R.Voss,City Clerk Once a proposed plat of survey parks,open areas,school Proper- (a)Minimum area landscaping John A.Haila•Mayor has been approved by the City ty,or other public use,if the dedi- calculations and landscaping Per- Council by certified resolution or, cation is approved by the govern- centages may be based on the Published in the Ames Tribune on the Planning and Housing Direc- ing body;and area of landscaping in the entire July 30,2021(IT) tor,and once all conditions of ap- IN a resolution from the City subdivision rather than the area proval pertaining to installation of Council accompanied by an as. of landscaping on individual lots public improvements have been built certification from the Munici- within the subdivision subject to met, the official plat of survey pal Engineer accepting and aP- conformance with phasing provi- may be Prepared for signature by Proving any required improve- sions in Section 23.705. a licensed surveyor in compliance ments that have been made or in- with all conditions of approval. stalled along with any required 23.706. AMENDMENT. MODIFICA- The prepared plat of survey shall maintenance bond for such Im- TION AND VACATION. in all respects reflect the graphic provements;and (I)Amendments or modifications Illustration of the proposed plat of (t)a resolution for approval by to an integrated Site Plan Subdivi- survey except that it shall reflect the City Council describing the sion are processed as both an any and all conditions of approval area of land proposed to be subdi- amendment to the subdivision pertaining to the format or con- vlded and stating that the Plat de- Plat and the associated Integrated tent of the map. pitting the proposed subdivision Site Plan,being processed simul- has been submitted to and re- taneously and under the same re- See.23309.REVIEW PROCEDURES viewed by the Planning and Zon- view criteria and procedures FOR BOUNDARY LINE ADJUST- ing Commission and/or the City specified for an Initial application MENTS. Council,that the owner has com- for an Integrated Site Plan Subdi- Boundary line adjustments are Plied with all relevant Provisions vision(per Section 23.703).except subject to the following Provi- of the code of the City of Ames for Site Plan Amendments. site _ —sions: __ _and the Iaws.of_the State.of.Iowa.-- Plan-Amendments.do not require that the City has accepted any a new Preliminary Plat- (3) No public improvements areas dedicated for Public use, (a)Site Plan Amendments include shall be required in association that the plat is hereby approved, the following: with a boundary line adjustment and that the Mayor and the City I. Minor Subdivision Plat for a unless subject to the Conveyance Clerk are hereby directed to certl- boundary line adjustment of a Parcel review or unless the adjust- fy the resolution. lot(s) within the integrated Site ment Increases the street front- (Ord.No.3524.5.25-99) Plan. age of the Original lot or parcel Sec. 23504, FINAL PLAT (MINOR (i.Site Development Plan changes that currently has frontage Im- SUBDIVISION). to site improvements, such as provements.in which case exist- parking,landscaping,building Be- ing frontage improvements,which (2)Features. A Final Plat shall sign,stormwater treatment meas- may include curbs,gutters,side- show,at a minimum,the following ures that do not affect lot dimen- walks,Paths,street trees and/or information: sion and Infrastructure capacity. street lights, shall be extended . Ill. Amendments qualified as a across the entire frontage of the W two monuments on the Major Amendment per 23.306 are adjusted lots or parcels prior to boundary of the Proposed subdivi- not Site Plan Amendments. preparation of the official plat of sion shall be noted as being in ac- (2)The following types of amend- survey,or Prior to minor subdivi- cordance with the City's require- meats require the consent of all sion approval. Section 23.306(8) ments relative to the established owners within the subdivision: for installation of improvements State Plane Coordinate System as (a)Major amendments as defined applies to this section. defined in Chapter 355 Code of to- in Section 23.306. (Ord.No.3999;7-28-09) wa. (b)Amendments that are not con- (q) a deed for land to be dedi- sistent with recorded covenants DIVISION V cated to the City as public street and maintenance agreements. SUBMISSION REQUIREMENTS right-of-way,if required. (3)Amendments pertaining to the Sec. 2350L SKETCH PLAN CON- ••. layout or improvements on indi- TENTS, DIVISION V11 victual lot(s),and that do not oth-