HomeMy WebLinkAboutA002 - Council Action Form dated September 14, 2021 ITEM: 29
DATE: 09-14-21
COUNCIL ACTION FORM
SUBJECT: WAIVER OF SUBDIVISION REQUIREMENTS FOR THE TYPES OF
DIVISIONS WHICH MAY BE APPROVED AS A PLAT OF SURVEY,
DEFERRAL OF SIDEWALK INSTALLATION, AND APPROVAL OF A
PLAT OF SURVEY FOR THE DIVISION OF LAND INTO TWO PARCELS
LOCATED SOUTHEAST OF THE INTERSECTION OF AIRPORT ROAD
AND S. RIVERSIDE DRIVE.
BACKGROUND:
The land proposed for platting is located at 3100 S. Riverside Drive (pending address
change to Aviation Way) for City property immediately adjacent to the Ames Municipal
Airport. The proposed division is at the direction of the City Council in response to the
request from Sigler Printing and Publishing to purchase the land they are currently leasing
from the City of Ames. Sale of the building and site to Sigler requires approval of the
subdivision of the Southeast Quarter of Section 15 in Washington Township into two lots.
However, rather than a Minor Final Plat staff proposes a waiver of subdivision
process to allow for approval of a Plat of Survey to create two parcels.
City staff is requesting that the City Council grant a waiver of the requirements of
Section 23.308(2) of the Municipal Code which describes the types of divisions that
may be approved as a plat of survey. In this instance, the site is City owned property
but zoned as General Industrial. The proposed division conforms to Minor Subdivision
standards in that no public improvements are required, with the exception of a sidewalk.
These circumstances support a determination that the use of the Plat of Survey is
adequate to divide the property. See the complete text of Section 23.308 in the Addendum
of this report.
The proposed Plat of Survey would establish "Parcel S" (12.75 acres)at 3100 S. Riverside
Drive (to be addressed as 1101 Aviation Way with approval of the plat of survey). "Parcel
S" would be purchased from the City of Ames by the Sigler Printing and Publishing
Company. The second parcel to be established is "Parcel T' (145.87 acres) to be
addressed as 816 Airport Road and retained under City of Ames ownership with approval
of the plat.
On May 11, 2021, the City Council approved dedication of the right-of-way as Aviation
Way at a width of 66 feet to serve proposed "Parcel S", and dedication of the east 40 feet
of right-of-way (r.o.w.) for S. Riverside Drive. The west 40 feet of r.o.w. for S. Riverside
Drive has already been dedicated to the city.
Neither Riverside Drive nor the new Aviation Way right-of-way have sidewalks. Chapter
23 requires that the division of General Industrial zoned land requires the construction of
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a sidewalk on one side of a street as determined through approval of a subdivision, or
default to the east and north sides of streets. In this case the City has invested in the
construction of the Shared Use Path along the west side of Riverside Drive with the ISU
Research Park subdivision and this proposed division would not be required to then have
a sidewalk on the Riverside frontage of this site. The Aviation Way frontage does require
a sidewalk improvement.
City standards typically allow for a three-year deferral with financial security to make such
an improvement. In this case as a City owned property there is no financial security for
the improvement, but the sidewalk will be programmed by the City as a future
improvement. The sidewalk will need to be designed to City standards and make a
connection across Riverside Drive to the existing Shared Use Path and then extend
across the full frontage of Parcel T and then across the frontage of Parcel S (Sigler).
Since the street dead ends at the edge of airport property, an appropriate terminus of the
sidewalk along Parcel S will be determined by staff with the future improvement.
Approval of the plat of survey (Attachment 8) will allow the Public Works Department to
prepare the official plat of survey and submit it to the Planning and Housing Director for
review. The Director will sign the plat of survey confirming that it fully conforms to all
conditions of approval. The City will then record the Plat of Survey to divide the site.
The next step after creating the two parcels will be to move forward with the sale of the
property to Sigler.
ALTERNATIVES:
1. Waive the requirements for types of divisions which may be approved as a plat of
survey, accept deferral of sidewalk improvements along Aviation Way, and
approve the proposed plat of survey.
2. Decline to waive the requirements for types of divisions which may be approved
as a plat of survey and require approval of a Minor Subdivision Plat for the
proposed subdivision, including the installation of sidewalk along the north side of
Aviation Way.
3. Refer the waiver request, back to city staff for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
City staff is requesting a waiver from City Council of the subdivision process to allow the
division of City-owned land into two parcels through the approval of a plat of survey. One
of the parcels (Parcel S) would be sold to Sigler Printing and Publishing. Ownership of
"Parcel 7 would remain with the City and available for future development. This is land
that has been leased since a building was first constructed on the site for Visionaire in the
late 1990's.
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Sigler Printing and Publishing has occupied the building and leased the land from the city
in recent years. They submitted a request to purchase the land in September 2019, and
the City Council has given direction to proceed with sale of the land. No additional public
improvements are needed to serve the site with street access and/or public utilities.
Approval of the subdivision through a plat of survey as opposed to approval of a Minor
Subdivision (Final Plat) will serve to expedite transfer of the land to the new owner. The
City's long-term interests are not compromised in this instance by waiving the subdivision
regulations, deferring sidewalk installation, and approving the land division through a plat
of survey.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
It should be emphasized that the final allocation of the responsibilities for the
sidewalk improvements along Aviation Way must be included in the purchase
agreement. If there is no assignment of these responsibilities, the City as the
property owner will be financially obligated for these improvements.
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ADDENDUM
"Section 23.308. REVIEW PROCEDURES FOR PLATS OF SURVEY.
(1) Purpose:
The purpose of this Section is to provide a review process to determine if proposed plats
of survey as defined in Section 23.201 conform to all subdivision standards of this
Chapter, and to all development regulations of Chapter 29, prior to preparation of the
official plat of survey, and prior to the submittal of an official plat of survey to the Story or
Boone County Recorder's Office and Story or Boone County Auditor's Office as specified
in the Code of Iowa Section 354.8.
(2) Applicability:
This Section applies to all plats of survey within the City of Ames, and to all plats of survey
describing divisions or conveyances of land lying within the unincorporated area
extending not more than two (2) miles beyond the Ames City Limits. It does not apply to
retracement surveys as defined by this Chapter. The only types of divisions which may
be approved as plats of survey are:
(a) Boundary Line Adjustments.
(b) Replats to correct errors as provided in Section 23.311.
(c) Auditor's plats as provided in Code of Iowa Section 354.13.
(d) Conveyance divisions occurring prior to August 4, 2009.
(e) Minor Subdivisions in areas of the Ames Urban Fringe designated as
Agricultural & Farm Service or Rural Residential, including required covenants
describe in (g).
(f) Divisions of lots within existing single-family subdivisions creating no more than
one additional lot, provided that the plat of survey is of the entire lot or parcel
being divided. This provision only applies to one-time splits of existing lots of
a subdivision and does not apply to repeated divisions.
(g) The division of an aliquot part of a section, provided that the division is to
separate an existing or former farmstead from the remainder of the aliquot part,
and provided that any required covenants pertaining to rural water buyout,
assessment for installation of infrastructure, and agreement to future
annexation are signed and submitted prior to the City Council's final action on
the plat of survey. This requirement pertaining to covenants applies anywhere
in the Fringe except in the Agriculture & Farm Service, and Rural Residential
areas."
"Section 23.103. WAIVER/MODIFICATION.
(1) Where, in the case of a particular subdivision, it can be shown that strict
compliance with the requirements of the Regulations would result in extraordinary
hardship to the Applicant or would provide inconsistent with the purpose of the
Regulations because of unusual topography or other conditions, the City Council
may modify or waive the requirements of the Regulations so that substantial
justice may be done and the public interest secured provided, however, that such
modification or waiver shall not have the effect of nullifying the intent and purpose
of the Regulations. In no case shall any modification or waiver be more than
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necessary to eliminate the hardship or conform to the purpose of the Regulations.
In so granting a modification or waiver, the City Council may impose such
additional conditions as are necessary to secure substantially the objectives of
the requirements so modified or waived.
(2) The requirements of the Regulations for the platting of a Minor Subdivision may
be waived by city staff when it is determined by 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.
(b) With respect to that area of land, all substantive requirements and
standards of the Regulations are already met."
"Section 23.403. STREETS.
(14) Sidewalks and Walkways.
(a) Sidewalks and walkways shall be designed to provide convenient access to
all properties and shall connect to the City-wide sidewalk system. A
minimum of a five-foot wide concrete sidewalk shall be installed in the public
right-of-way along each side of any street in all zoning districts except
General Industrial and Planned Industrial. A minimum of a five-foot wide
concrete sidewalk shall be installed in the public right-of-way along one side
of any street in the General Industrial and Planned Industrial zoning
districts. If sidewalks on adjacent property are greater than five feet, the
subdivider shall install sidewalks to match. If constraints exist that preclude
installation of a sidewalk within the public right-of-way, the subdivider shall
install the required sidewalk on adjacent land within a sidewalk easement.
All required sidewalks shall connect with any sidewalk within the area to be
subdivided and with any existing or proposed sidewalk in any adjacent area.
(b) Exception: For any final plat for which a preliminary plat has been approved
prior to January 1, 2015, the following standard shall be met:
Sidewalks and walkways shall be designed to provide convenient access to
all properties and shall connect to the City-wide sidewalk system. A
minimum of a four-foot-wide concrete sidewalk shall be installed in the
public right-of-way along each side of any street within residentially and
commercially zoned areas and along at least one side of any street within
industrially zoned areas. Such a sidewalk shall connect with any sidewalk
within the area to be subdivided and with any existing or proposed sidewalk
in any adjacent area. Any required sidewalk shall be constructed of concrete
and be at least four feet wide.
(c) A deferment for the installation of sidewalks may be granted by the City
Council when topographic conditions exist that make the sidewalk
installation difficult or when the installation of the sidewalk is premature.
Where the installation of a sidewalk is deferred by the City Council, an
agreement will be executed between the property owner/developer and the
City of Ames that will ensure the future installation of the sidewalk. The
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deferment agreement will be accompanied by a cash escrow, letter of credit,
or other form of acceptable financial security to cover the cost of the
installation of the sidewalk.
(d) A pedestrian walkway made of concrete may be required where deemed
essential to provide access to schools, parks and playgrounds, commercial
areas, transportation, or community facilities. Any such walkway shall be
not less than eight feet wide."
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Attachment A — Location Map
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POW
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'�,+r+�AIRP3 — —-- .� l..t....._ ..--- ^'T• -A T_Rn
Part of the SE Quarter of Section 15 �
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+� (Excludes Lease Tracts A.B. &C)
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•. 3000 S.Riverside Drive
! (Lease Tract B)
` Proposed as Part of Parcel'T"
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3100 S.Riverside Drive.
(Lease Tract A)
Approximate Boundaries of Porposed Parcel"S" i
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Location Ma
3100 & 3000 S. Riverside Drive & N
��. SE Quarter Section 15, Twnshp 83 N- Range 24 W.
7
Attachment B — Proposed Plat of Survey (Sheet 1 of 2)
INDEXLEGEND -
LOCATION:SIR OF THE SE Y.OF SEC,15.T83N R24W, PLAT OI�C SURVEY
CITY OF AMES,STORY COUNTY IOWA
REOUESTOR:CITY OF AMES EAST LINE OF THE SW1/4 SE1/4 SEC.15-83-24
PROPRIETOR:CITY OF AMES
CUT"X"IN CONC. SURVEYOR:MYRON G.DARINGER
SW COR.NE 114 BE 114 SURVEYOR COMPANY:CITY OF AMES
SEC 15-83-24 RETURN TO:CITY OF AMES,PUBLIC WORKS ENGINEER Ab0
515 CLARK AVE.,AMES,IA 50010
gab 6g' o sg
S 89°58.23"E,405.26'(M)
I
1/2"REBAR WI DAMAGED EXISTING 1P
YELLOW CAP, w BUILDING
7"DEEP Se h I 10,
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cw I F� LE E D
w 8 N A 0 MONUMENT FOUND
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4'°a INDICATED
r o o 9 PARCELS p (M)MEASURED
$11n S 89°58.31"W d 555 858.3 SF 20 (P)PLATTED
z z cc w 90.00'(M) W EXISTING 105 AC 2B' (POB)POINT OF BEGINNING
> w ozo BUILDING
51 i e3� $ S.W.F.E. =SURFACE WATER FLOWAGE
ui Ci ='� w EASEMENT
}Z S89°6 CA > 301'
8Y8"E S.S.E.=SANITARY SEWER EASEMENT
aZ
I 40,00•(M) �LLp $� � WAT =WATER MAIN EASEMWNT
Z O N 3 P.U.E. =PUBLIC UTILITY EASEMENT
z $ GAS =GAS MAIN EASEMENT
N 89'
PUE R+ ^ PROPOSED EASEMENT
- 40' S8'18"W o
s.r 332.91'M) rn
S 89°58'16"E,730.62'(M) POB N 89°68'18"W,535.87'(M) I
PARCELS AVIATION WAY —_ —__—__— Ir S 00.02'20"W.66.00'(M)
N 00°10'22"E,86.00'(M) N 89-58.18"W,1288.84•(M) I �`SOUTH LINE OF SECA5.83.24
N 00-10-22-E,73.61'(M)
IRK NAIL,S 114 COR. The Ames City Council approved this plat of I 0 80
SEC 15-83-24 survey on ,20_,with
EXISTING 40'RIGHT-OF-WAY Resolution Number .I certify
RESOLUTION NO.21-133 that it conforms to all conditions of approval.
NOTE:ALL BEARINGS ARE ASSUMED.
Planning and Housing Director
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Attachment C — Proposed Plat of Survey (Sheet 2 of 2)
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