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Home My WebLink AboutA003 - Council Action Form dated April 11, 2000 r � ITEM # 4�y DATE 04/11/00 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING/MOTION DENYING A REQUEST TO WAIVE THE REQUIREMENT FOR A MINOR SUBDIVISION FOR PROPERTY DESCRIBED AS "OUTLOT" A, ASPEN BUSINESS PARK SUBDIVISION. ACTION FORM SUMMARY: The City Council has received a request to waive the subdivision requirement for property described as "Outlot A", Aspen Business Park Subdivision, First Addition. Staff is recommending that this request to waive the subdivision requirement be denied. BACKGROUND: The owner of the property described as "Outlot A", Aspen Business Park Subdivision, First Addition is requesting that the City Council waive the requirement for a Minor Subdivision. The property in question is located within the Aspen Business Park that has developed as an office park with, numerous buildings having already been constructed and being used for a variety of business office uses. It is expected that similar office construction would occur on the property in question. ANALYSIS: What the property owner is seeking is a waiver of the requirement to obtain approval from the City Council for a "Minor Subdivision". In the event the City Council would waive the Minor Subdivision requirement, it is staff's belief that the property in question would be unbuildable. The current description of the property, as indicated by the owner, is "Outlot A". Outlots are defined in the subdivision regulations at Section 23.201(24). Additionally, Section 23.401(3)(G) indicates that parcels designated as an outlot are unbuildable. In the administration of the subdivision regulations, the use of the outlot provision occurs in one of two instances. The instances and the rational for the use of the outlot designation is explained as follows: 1. An outlot designation is assigned to a parcel of property within a subdivision that due to physical limitations such as floodplains, steep slopes, wetland areas or similar features, the buildability of the parcel is severely limited or not possible. The use of the outlot designation in this example is fairly clear. Many times property has physical limitations that makes portions of the property unbuildable. By designating this area as an outlot, it allows for the property to be transferred by the owner to a Homeowner's Association in some instances, or the City or some similar public entity. This mechanism limits the private ownership of property that has severe limitations for buildable use, thus minimizing the potential of the property to becoming a nuisance due to private owner neglect due to no usage. 2. An outlot designation is assigned to the undivided remainder of a parcel of property that is not subdivided at the phase where a final plat of subdivision is requested. Many times the subdivision of a larger parcel of property will include a number of phases (additions). The portion of the parcel that is not included in the phase that is being subdivided is designated as an outlot. In this instance the property that is designated as an outlot may ultimately be buildable, but the parcel has not been fully subdivided and improved for purposes of development or sale. By designating the remaining portion of a larger parcel as an outlot, and thus prohibiting the construction of building improvements, this technique enables the City and the property owner to plan more effectively for the extension of street infrastructure, water and sewer infrastructure, and other improvements that normally are installed as part of the subdivision of the property and not affected by the construction of buildings. The circumstance with respect to the property in question is that the property is essentially developable, but the outlot designation must be removed or modified as a result of the City's review and approval of a proposal by the property owner to subdivide the parcel. The proposal by the property owner to subdivide the parcel with either a Final Plat of a Major Subdivision or a Final Plat of a Minor Subdivision has not yet occurred. The property in question was included in a Preliminary Plat for the entire Aspen Business Park Subdivision sometime earlier. This parcel has not yet been included in a proposed Final Plat that would create a buildable lot. (A copy of the previous Preliminary Plat for this area is attached to this action form.) STAFF COMMENTS: Staff believes that it would be clearly inappropriate to waive the subdivision requirement for the property in question. Since this parcel has been designated as an outlot, the subdivision regulations would require that this property be included in a Final Plat of a Major Subdivision or a Final Plat of a Minor Subdivision before building permits could be approved. Staff believes that the request to waive the subdivision requirement is not applicable in this circumstance. 2 ALTERNATIVES: 1. The City Council can approve the request to waive the requirement for a "Minor Subdivision" for property described as Outlot A, Aspen Business Park Subdivision. 2. The City Council can deny approval of the request to waive the requirement for a "Minor Subdivision" for property described as Outlot A, Aspen Business Park Subdivision. 3. The City Council can refer this request back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #2. This will deny the request to waive the requirement for a Minor Subdivision for property described as Outlot A, Aspen Business Park Subdivision. Staff believes waiving the subdivision requirement in this instance would be clearly inappropriate, since the property has been designated by the property owner as an outlot, which indicates that it is not buildable until the parcel is included in the Final Plat of either a Major or Minor Subdivision. COUNCIL ACTION: Attachment 3 J1= Phone (515) 233-2580 RANDALL CORPORATION Fax (515) 233-2584 Aspen Business Park www.randallcorp.com 420 S. 17th Street randall.corp@)ames.net Ames, IA 50010 7, MAR3 20 I CITY CI",K March 21, 2000 CITY OF ANIES,IOWA Mayor Ted Tedesco Mayor's Office 515 Clark Avenue Ames, 1A 50010 Re: Request for Waiver Dear Mayor Tedesco and Ames City Council Members: As the property owner of Outlot"A", Aspen Business Park Subdivision First Addition to Ames, Iowa, I am requesting a waiver under Ames City Code Section 23.103 from a requirement for a submission of a minor subdivision for the further development of the above-described property. This waiver is requested based on the fact that the area of land described as Outlot"A"is already accurate, clear and concise with respect to all of the requirements and standards as established under Chapter 23 and that all substantial requirements and standards of Chapter 23 have been met. It is my intent to develop Outlot"A" as a single lot, and under the current rules and regulations of the City this can be accomplished except for the designation of the name of the platted lot. Please consider this request for a waiver at the earliest possible council meeting. Yours very truly, Scott E. Randall Cc: Ames City Council Members Brian O'Connell, Director of Planning and Housing na O � 8 Q� � rah aaaaa --- I DATE SLR I rwi —----I -- Ir----- ---- i I --„r-1J' 111 • I i � III " i I• ! � � i aa�� I ��' I � aaaa I I r iL WA .._ R IF it 1 1 I I ------ `-- 3 i I u I I I $ t IOk I I \ \ rr r� .«e,e,••- r...... MA1[1t ( 1 gk agR - - r" r g!f mill ) -- ---- ----- r -! z---- - �3' nl ',C�Lj III I I I 14 fit � �I I II L- _-./iL/i-----------W------ ----- ------J 1--------ar------j L-7_ r 3•- r I tE.E• -'_ q fit fy t E _ l _. 7 Y ` P n 20' -{ Zia4�j F y M o II + �� `-' � �� ! • � � t I I I I III I �I L I g �rr lip N