HomeMy WebLinkAbout~Master - Chapter 23 (Subdivisions) Text Amendments ORDINANCE NO.4441
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMENDING SECTIONS
23.102(4),23.103(2)(a),23.105(1),23.301(2)(b),23.302(1)(a)(ii)(iii),
(2)(a),(3)(a)(b)(c),(8)(b)(ii)(iii)(iv)(v)(vi),(9)(a)(c),23.303(1)(b)(i)(ii)
(iii)(iv)(v),(2),23.305(2)(a),23.307(1)(2)(3)(4)(a)(b)(c)(d),(5)(b)(c)
(e),(6)(7),23.308(2)(b)(c)(e),(3)(a)(iii)(iv)(v)(vi)(vii)(viii)(ix),
(4)(a)(b)(c)(i)(d),(5),(6)(a)(7),23.309(3),23.501(7)(8),
23.503(3)(g)(h)(i),23.504(2)(p)(q),23.704(3)(b)(c),23.706(1)(2)
THEREOF,FOR THE PURPOSE OF AMENDMENTS TO
CHAPTER 23 SUBDIVISIONS REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT;AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended as follows:
DIVISION I
GENERAL PROVISIONS
Sec.23.102.PURPOSE,APPLICATION,AND WAIVER/MODIFICATION.
(4) Such area of land shall be platted or reviewed in accordance with these
regulations,prior to issuance of zoning and/or building permits for a principal building or change in use of
that area of land.A zoning permit and/or building permit shall not be issued with respect to an area of land
that is within the scope of 3(a)or 3(b)above until such area of land has been platted, in accordance with
these Regulations,or otherwise determined to be a legalized lot as defined in this Chapter.
(Ord.No. 4061,4-26-11)
Sec.23.103.WAIVER/MODIFICATION
(2) The requirements of the Regulations for the platting of a Minor Subdivision may
be waived by city staff when it is determined by city staff that:
(a)A clear and accurate description of the area of land will be provided by
means of a plat of survey to be procured by the property owner,and in compliance with Section 23.308.
Sec.23.105. ENFORCEMENT AND PENALTIES
(1) Enforcement: It shall be the duty of the Planning and Housing Director to
administer the provision of this Chapter.The Public Works Director has sole authority for the
administration and inspection of public improvements required by this Chapter.
DIVISION III
PROCEDURE
23.301.PRE-APPLICATION CONFERENCE.
.. (2) Procedure:
.. (b) The Applicant shall complete a Sketch Plan application and submit
seven copies of a Sketch Plan or a City approved portable document format(PDF)for the area of land
proposed to be subdivided at least five days prior to the Pre-Application Conference.The date of the Pre-
application conference shall be set by the Planning and Housing Director.
(Ord.No. 4095, 01-10-12)
Sec.23.302.MAJOR SUBDIVISIONS.
(1) Major Subdivision Preliminary Plat Procedure:The Applicant shall file a complete
Application for Preliminary Plat Approval of a Major Subdivision with the Department of Planning and
Housing at least 15 days prior to a regular meeting of the Planning and Zoning Commission and no later
than 180 days after issuance of the classification as major subdivision.
(a) An Application for Preliminary Plat Approval of a Major Subdivision shall
include:
. (ii) twelve paper copies no larger than 24"X 36"and one black line copy
no larger than I I"x 17" of a Preliminary Plat prepared in accordance with subsection 23.501.The Planning
and Housing Director may allow for electronic submittals of Preliminary Plat documents in Iieu of all or
some of the required paper copies;
(iii) an electronic format portable document file(PDF)as approved by the
City and a CAD drawing to City specifications if requested;and
•.. (2) Staff and Agency Review of Preliminary Plat; Concurrent Review by County:
(a) The Department of PIanning and Housing shall distribute a copy of the
Preliminary Plat to the Department of Public Works and such other departments,persons, and utility
companies as it determines may be necessary or appropriate for their review,comments, and
recommendations. City staff may request additional information from the applicant to address the project's
consistency with the City standards and ordinances.The Department of Planning and Housing shall
assemble,review,and report on any comments or recommendations submitted to it for consideration by the
Planning and Zoning Commission.
. (3) Planning and Zoning Commission Review:
(a) Public Hearing Required.The Planning and Zoning Commission shall consider
the proposed Preliminary Plat at a public hearing conducted as part of a regularly scheduled meeting.
Notice of the public hearing shall be made by mail, as provided for by Section 29.I500(2)(d)(i),by posted
notice, as provided for by Section 29.1500(2)(d)(iii),and as may be required by Chapter 21 of the Iowa
Code.
(b) The Planning and Zoning Commission shall examine the Preliminary Plat, any
comments,recommendations, or reports assembled or made by the Department of Planning and Housing,
and such other information as it deems necessary or desirable to consider.
(c)Based upon such examination,the Planning and Zoning Commission shall ascertain
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.
(8)Major Subdivision Final Plat Process:
(b)An Application for Final Plat Approval of a Major Subdivision shall include:
(ii) twelve paper copies and one reproducible blackline copy no larger than
I I"X 17"of a Final Plat prepared in accordance with subsection 23.503.The Planning and Housing
Director may allow for electronic submittals of Plat documents in lieu of all or some of the required paper
copies;
(iii) an electronic format portable document file(PDF)as approved by the
City;
(iv) an electronic file of a Computer Aided
Design Drawing of the Final Plat to City specifications,as may be required by the Public Works Director.
(v) any Improvement Guarantee,as necessary, in a form consistent with
the requirements of Section 23.409 of the Regulations;and
(vi) any filing fee established by the City Council.
(9) Staff and Agency Review of Final Plat for Major Subdivision:
(a) The Department of Planning and Housing shall distribute Final Plat to such
other departments,persons, and utility companies as it determines may be necessary or appropriate for their
review, comments and recommendations.
.. (c) The Department of Planning and Housing shall forward the Final Plat to the City
Council for its review within 30 days after the Applicant has filed a complete Application for Final Plat
Approval if the Department finds and reports in writing that the Final Plat substantially conforms to the
approved Preliminary Plat and Final Plat requirements.An Application for Final Plat Approval of a Major
Subdivision shall be"complete"for the purpose of commencing time periods within which action by the
City Council is required when so certified by the Department of Planning and Housing.
(Ord. No. 3S45, 1-11-00)
See.23.303.MINOR SUBDIVISIONS FINAL PLAT.
(1) Minor Subdivision Procedure:
... (b) An Application for Final Plat Approval of a Minor Subdivision shall include:
(i) a completed Application Form (entitled"Application for Final Plat
Approval of a Minor Subdivision")available from the Department of Planning and Housing;
(ii) sixteen paper copies no larger than 24"x 36"and one blackline copy no
larger than 11"X 17"of a Final Plat prepared in accordance with subsection 23.504.The Planning and
Housing Director may allow for electronic submittals of Plat documents in lieu of all or some of the
required paper copies;
(iii) an electronic format portable document file(PDF)as approved by the
City;
(iv) An electronic file of a Computer Aided Design Drawing of the Final
Plat to City specifications,if required by the Public Works Director and
(v) any filing fee established by the City Council.
(2) Staff and Agency Review of Final Plat Approval for Minor Subdivision: The Department
of Planning and Housing shall distribute a copy of the Application Form and the Final Plat to the
Department of Public Works and such other departments,persons,and utility companies as it determines
may be necessary or appropriate for their review,comments,and recommendations.The Department of
Planning and Housing shall assemble,review,and report on any comments or recommendations submitted
to it for consideration by the City Council.
See.23.305 APPROVAL,RECORDATION AND APPEAL.
.., (2) Appeal of Decision.
(a) Conveyance Parcels.Decisions of the Planning&Housing Director pertaining
to the determination of a Conveyance Parcel classification may be appealed by the owner thereof to the
Zoning Board of Adjustment within 20 days of the date of the decision.The appeal shall state the specific
reasons for the appeal and explain how the Director erred in the decision.
Section 23.307.REVIEW PROCEDURES FOR CONVEYANCE PARCELS.
(1) Purpose.
The purpose of this Section is to provide a review process to determine if Conveyance Parcels as defined in
Section 23.201(20)are to be recognized as independent developable parcels based upon the time of their
creation or based upon their conformance to applicable development standards. It is further intended to
define a process by which building,or zoning permits can be issued for conveyance parcels.
(2) Applicability.
This Section applies to all parcels or divisions defined as Conveyance Parcels in Section 23.201(20).
(3) Application for Review of Conveyance Parcel.
Application for review of Conveyance Parcels shall be per forms approved by the Planning and Housing Director
and include all of the following:
(4) Review Procedures
The Planning&Housing Director(or designee)shall review the application and determine if the
Conveyance Parcel conforms to one of the following:
(a) Conformance to development standards. If the parcel was created by, or resulted
from a conveyance occurring prior to July 1, 1990 or prior to August 4,2009 and was legally established at
that time in conformance with zoning standards or conforms to current lot frontage,width,and area
requirements,the Director shall issue a written determination that the lot is a Conforming Conveyance
Parcel and is subject to the review provisions of Section 23.307(5).
or
(b) Creation by plat of survey. If it can be verified that a plat of survey for the
conveyance parcel was recorded prior to August 4,2009, it shall be considered a pre platted Conveyance
Parcel, or
(c) Creation by deed or contract.If it can be determined that the Conveyance Parcel
was created by deed or contract and also surveyed prior to July 1, 1990, it shall be considered a pre-
established Conveyance Parcel.
(d) Unauthorized parcel. If the conveyance parcel is not deemed by the Director to
be a pre-platted or pre-established Conveyance Parcel,or has not otherwise been deemed a valid parcel
for permitting purposes under the provisions of this Chapter,the Director shall issue a written
determination that the parcel is not an authorized division or subdivision of land under the City's
subdivision standards,and that it is not recognized by the City as a valid parcel for permitting purposes.
The determination shall be forwarded to the applicant,and also to the county Recorder's Office,the County
Auditor's Office,and the City Assessor's Office.
(Ord.No. 4061, 4-26-11)
(5) Conforming Conveyance Parcel.
Conforming conveyance parcels are those that conform to the minimum size,area and width requirements
specified in Ames Municipal Code Chapter 29 at the time that a determination is made under the provisions
of Section 23.307(4). Conforming Conveyance Parcels are subject to the following requirements:
(b) Conveyance Parcels approved under this Section shall be described and recorded
by plat of survey as allowed under the provisions of Section 23.103(2),(as opposed to a final subdivision
plat).The property so described by the plat of survey shall be staked with official survey monuments as
specified in Section 23.401(5)prior to the recording of the plat of survey and prior to issuance of zoning or
building permits.
(c) All dedications and public improvements otherwise applicable to subdivisions as
required by the City's Design and Improvement Standards specified in Ames Municipal Code Chapter 23,
Division IV,shall be Installed prior to creation and recording of the plat of survey and prior to issuance of
zoning or building permits
. (e) Provisions of subsections 23.307(5)(c)and 23.307(5)(d)do not apply to
Conveyance Parcels created by boundary line adjustments,except that the requirement for a recorded plat
of survey shall be complied with prior to zoning or building permit issuance.
(6) Pre-platted and Pre-established Conveyance Parcels.
Any lot deemed to be a pre platted or pre-established Conveyance Parcel under the provisions of Section
23.307(4)shall be recognized as a valid lot of record.Permits may be issued subject to conformance with
all development standards as adopted,and subject to the presence of survey monuments to facilitate
verification of setback compliance.
(Ord. No. 4061, 4-26-11)
(7) Appeals.
Decisions of the Planning&Housing Director under the provisions of this Section 23.307 are appealable to
the Zoning Board of Adjustment under the provisions of Section 23.305(2)(a).
(Ord. No. 3998, 7-28-09)
Sec.23.308.REVIEW PROCEDURES FOR PLATS OF SURVEY.
(2) Applicability.
... (b) Replats to correct errors as provided in Section 23.311.
(c) Auditor's plats as provided in Code of Iowa Section 354.13.
(Ord.. No. 4255, 4-26-16)
. (e) Minor Subdivisions in areas of the Ames Urban Fringe designated as
Agricultural&Farm Service or Rural Residential, including required covenants described in(g).
... (3) Application for Review of Plats of Survey.
(a) The applicant shall file an Application for a Plat of Survey with the Department
of Planning and Housing.Planning and Housing Director may allow for electronic submittals in lieu of all
or some of the required paper copies.The application shall contain the following information:
(iii) A legal description of the lot,tract or parcel to be divided or adjusted,
(iv) A dedication to the public, or other conveyance document in a format
acceptable to the City,of all lands as may be determined necessary for public use,
(v) Six paper copies and an electronic format portable document file(PDF)
as approved by the City of a scaled graphic illustration(map)of the existing lot,tract or parcel, identifying
Iot area,dimensions and reference to established survey monuments,abutting streets and rights of way,any
easements on or serving the site,and any existing structures on the site and within 10 feet of the site,
(vi) Six paper copies and an electronic format portable document file(PDF)
as approved by the City of a map(graphic illustration)of the proposed plat of survey(not an official or
signed plat of survey),which includes the proposed name of the plat of survey,references established
survey monuments, includes all dimensions of lot or parcel lines,states the area of the lot or parcel by
square footage,and which shows all easements on or serving the parcels contained within the proposed plat
of survey.The format of the proposed plat of survey shall be in substantially the same form and format as
an official plat of survey and shall include signature blocks for the City of Ames Planning&Housing
Director,and for the surveyor who prepared the map,except that it shall be submitted unsigned by the
surveyor.
(vii) Identification of any contiguous or abutting lots or parcels under the
same ownership as the subject site.
(viii) The names and signatures of the owners of each lot or parcel that the
proposed plat of survey encompasses.
(ix) Any filing fee established by the City Council.
(4) Staff and Agency Review of Proposed Plat of Survey.
... (a) Review for Completeness.The Department of Planning and Housing shall
review the application to determine if it contains all information required under Section 23.308(3).
(b) Distribution.Upon determination of completeness,the Department of Planning
and Housing shall distribute copies to the Office of the City Assessor,the Department of Public Works,the
applicable County Planning Department and County Auditor's Office, and such other departments,persons,
and utility companies as it determines may be necessary or appropriate for their review,comments and
recommendations.
(c) Review Procedures—Preliminary Decision.
... (i) The dedication and installation of improvements necessary to comply
with all Design and Improvement Standards contained in Division IV of this Chapter, and with all other
adopted codes and regulations applicable to the division of land.
(d) Decisions of Denial.
If the Planning&Housing Department finds that the proposed plat of survey does not comply with all
standards defined in Subsection 23.308(43),the Director shall render a written decision of denial.The
decision shall state how the proposed plat of survey does not conform to all adopted codes and standards.
Decisions of denial may be appealed to the City Council pursuant to Section 23.305(2).
(5) Final Decision.
Once a preliminary decision of approval has been rendered by the Planning&Housing Director for a Plat
of Survey, excepting Boundary Line Adjustments and Conveyance Parcels,the decision shall be forwarded
to the City Council for final review and decision. If the City Council agrees with the Planning&Housing
Director's preliminary decision,the Council shall render final approval of the proposed plat of survey.The
City Council's decision to approve the proposed plat of survey shall be by resolution,and the resolution
shall be certified pursuant to Code of Iowa Section 354.8.For Boundary Line Adjustments and Conveyance
Parcels the Planning and Housing Director is authorized to make a final decision of approval in writing,
including with conditions, for preparing the Official Plat of Survey.
(6) Installation of Required Improvements.
(a) All public improvements as required by this chapter shaII be installed prior to
creation and recordation of the official plat of survey and prior to issuance of zoning or building permits.
These requirements do not apply to pre-platted conveyance parcels as described in Section 23.307(4)(c),or
to boundary line adjustments unless improvements are otherwise required under the provisions of Section
23.309(3).
(7) Preparation of Official Plat of Survey.
Once a proposed plat of survey has been approved by the City Council by certified resolution or,the
Planning and Housing Director, and once all conditions of approval pertaining to installation of public
improvements have been met,the official plat of survey may be prepared for signature by a licensed
surveyor in compliance with all conditions of approval.The prepared plat of survey shall in all respects
reflect the graphic illustration of the proposed plat of survey except that it shall reflect any and all
conditions of approval pertaining to the format or content of the map.
Sec.23.309.REVIEW PROCEDURES FOR BOUNDARY LINE ADJUSTMENTS.
Boundary line adjustments are subject to the following provisions:
... (3) No public improvements shall be required in association with a boundary line adjustment
unless subject to the Conveyance Parcel review or unless the adjustment increases the street frontage of the
original lot or parcel that currently has frontage improvements, in which case existing frontage
improvements,which may include curbs,gutters,sidewalks,paths,street trees and/or street lights,shall be
extended across the entire frontage of the adjusted lots or parcels prior to preparation of the official plat of
survey,or prior to minor subdivision approval. Section 23.306(8)for installation of improvements applies
to this section.
(Ord.No. 3999, 7-28-09)
DIVISION V
SUBMISSION REQUIREMENTS
Sec.23.501.SKETCH PLAN CONTENTS.
... (7) the location,width and character of all existing or proposed utility easements on or
abutting the area of land proposed to be subdivided.
(8) The Planning and Housing Director may waive requirements for identification of existing
infrastructure locations if no changes are proposed to the infrastructure or other requirements regarding
unique conditions of the site.
(Ord.No. 3524, 5-25-99)
Sec.23.503.FINAL PLAT(MAJOR SUBDIVISION).
. , . (3) Major Subdivision Final Plat Attachments.The following shall be attached to and
accompany any Final Plat for a Major Subdivision:
. (g) a dedication to the public of all lands within the plat that are designated for
streets,alleys,parks, open areas,school property, or other public use, if the dedication is approved by the
governing body; and
(h) a resolution from the City Council accompanied by an as-built certification from
the Municipal Engineer accepting and approving any required improvements that have been made or
installed along with any required maintenance bond for such improvements;and
(i)a resolution for approval by the City Council describing the area of land proposed to
be subdivided and stating that the plat depicting the proposed subdivision has been submitted to and
reviewed by the Planning and Zoning Commission and/or the City Council,that the owner has complied
with all relevant provisions of the code of the City of Ames and the laws of the State of Iowa,that the City
has accepted any areas dedicated for public use,that the plat is hereby approved,and that the Mayor and
the City Clerk are hereby directed to certify the resolution.
(Ord. No. 3524, 5-25-99)
See.23.504. FINAL PLAT(MINOR SUBDIVISION).
... (2) Features.A Final Plat shall show, at a minimum,the following information:
. (p) two monuments on the boundary of the proposed subdivision shall be noted as
being in accordance with the City's requirements relative to the established State Plane Coordinate System
as defined in Chapter 355 Code of Iowa.
(q) a deed for land to be dedicated to the City as public street right-of-way,if
required.
DIVISION VII
INTEGRATED SITE PLANS
23.704. REQUIREMENTS FOR INTEGRATED SITE PLAN SUBDIVISION.
. (3) Building and Structures.All buildings and structures contained in the Integrated Site Plan
Subdivision are subject to the following setback provisions:
... (b) Setbacks are not required from interior property lines within the Integrated Site
Plan Subdivision.However,property lines may not bisect buildings unless a firewall is located along said
property line.
(c) Building Coverage and Floor Area Ratio(FAR). Shared maximum building
coverage and floor area ratio standards may be approved for the overall site.
(4) Landscaping.The landscaping standards of the underlying zone apply to each lot within
the subdivision,except as follows:
(a) Minimum area landscaping calculations and landscaping percentages may be
based on the area of landscaping in the entire subdivision rather than the area of landscaping on individual
lots within the subdivision subject to conformance with phasing provisions in Section 23.705.
23.706. AMENDMENT,MODIFICATION AND VACATION.
(1) Amendments or modifications to an Integrated Site Plan Subdivision are processed as
both an amendment to the subdivision plat and the associated Integrated Site Plan, being processed
simultaneously and under the same review criteria and procedures specified for an initial application for
an Integrated Site Plan Subdivision (per Section 23.703), except for Site Plan Amendments. Site Plan
Amendments do not require a new Preliminary Plat.
(a) Site Plan Amendments include the following:
i. Minor Subdivision Plat for a boundary line adjustment of a lot(s)within
the Integrated Site Plan.
ii. Site Development Plan changes to site improvements,such as parking,
landscaping, building design, stormwater treatment measures that do not affect lot dimensions and
infrastructure capacity.
iii. Amendments qualified as a Major Amendment per 23.306 are not Site
Plan Amendments.
(2) The following types of amendments require the consent of all owners within the subdivision:
(a) Major amendments as defined in Section 23,306.
(b) Amendments that are not consistent with recorded covenants and maintenance
agreements.
(3) Amendments pertaining to the layout or improvements on individual lot(s), and that do
not otherwise fall under the provisions of subsection 1 above,require only the consent of the individual
affected lot owners.
(4) If a portion of an Integrated Site Plan Subdivision is vacated, the property subject to
the vacated portion shall constitute one lot unless the property is subsequently divided by an approved
subdivision. Development of the vacated lot is subject to an amendment to the Integrated Site Plan
Subdivision and associated Integrated Site Plan.
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed
to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this 22"d day of June,2021.
Diane R.Voss,City Clerk John A. Haila, Mayor