HomeMy WebLinkAbout~Master - Waiver of subdivision requirements for sidewalk in Deery Subdivision RESOLUTION NO. 12-516
RESOLUTION APPROVING PRELIMINARY PLAT FOR DEERY SUBDIVISION
FOR THE CITY OF AMES,IOWA
WHEREAS, Pyle Land, LLC, has filed an application for Preliminary Plat approval for
Deery Subdivision, located at 1400, 1500, 1598, and 1698 Southeast 16`h Street; and,
WHEREAS,the proposed subdivision is bordered on the north by Southeast 16t'Street with
undeveloped land zoned as Highway-Oriented Commercial (HOC) abutting the north side of the
street, the Skunk River flood plain to the west, U.S. Highway 30 on-ramp to the south, and South
Dayton Avenue to the east with undeveloped HOC land abutting the east side of the street; and,
WHEREAS, the City Council has examined the Preliminary Plat and concluded:
1. The proposed subdivision will facilitate uses consistent with the Land Use Policy Plan
and the associated Land Use Policy Plan map designation of the site.
2. The proposed subdivision complies with the minimum frontage standards of the Ames
Municipal Code Section 29.804(3).
3. The proposed subdivision will meet the relevant and applicable design standards in
Section 23.302(6)(a) of the Municipal Code,provided that:
a. An agreement for a floating storm water drainage easement from Lot 3 across Lot 2
is approved by the City Council in conjunction with approval of the Preliminary Plat.
b. The City Council grants the request for waiver of the requirement for sidewalk along
the frontage of proposed"Outlot A."
c. Easements for all public utilities identified on the plat are included as part of the
Final Plat approval for Deery Subdivision.
4. The requested waiver is consistent with criteria necessary for the granting of a waiver,
specifically:
a. Strict compliance with the requirements of the regulations would result in
extraordinary hardship to the applicant.
b. It would prove inconsistent with the purpose of the regulations because of unusual
topography or other conditions, provided that the developer construct a handicap
accessible ramp at the east end of Outlot A between the sidewalk and the street
pavement,and directly across the street in the same location to provide access to the
existing multi-use path.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Preliminary Plat for Deery Subdivision is hereby approved, subject to the following
conditions:
1. The preparation of easement documents for all public utilities in the proposed
subdivision, for submittal with the Final Plat
2. The acceptance of the"Floating Future Stormwater Drainage Easement,"in conjunction
with approval of the Preliminary Plat for Deery Subdivision
3. Approval of a request for a waiver from the requirement for construction of a sidewalk
on the south side of the right-of-way for Southeast 16"` Street next to proposed"Outlot
A", as specified in Section 23.403(14)(a) of the Municipal Code, in conjunction with
approval of the Preliminary Plat
4. The required sidewalk along the frontages of Lots 1, 2, and 3 shall be installed per the
standard sidewalk agreement submitted with the Final Plat application; this agreement
will require sidewalk construction prior to occupancy of structures on each lot as they
develop
5. The construction of ADA-compliant pedestrian facilities facilitating pedestrian crossing
from the sidewalk on the south side of Southeast 16t' Street to the multi-use path on the
north side of the street at the end boundary of Outlot A at the time of construction of the
sidewalk along the street frontage of Lot 1 and includes construction of ADA-compliant
pedestrian facilities by the developer on both sides of Southeast 16t' Street.
BE IT FURTHER RESOLVED by the City Council of the City of Ames, Iowa, that the
waiver of subdivision requirements for installation of a sidewalk next to Outlot A is hereby
approved, subject to a signed Agreement that would run with the land in perpetuity by the property
owner not to contest any future assessment for construction of a sidewalk if a connection ever
becomes available at the bridge for the piece of sidewalk being waived.
ADOPTED THIS 25"`day of September, 2012.
• ( IP�''�V
Diane—Tr Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Davis
Seconded by: Larson
Voting aye: Goodman, Larson, Orazem, Szopinski, Wacha
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 25' day of September, 2012.