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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.