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HomeMy WebLinkAboutA002 - Council Action Form dated September 21, 1999 ITEM # DATE 09/21/99 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING THE FINAL PLAT OF DAUNTLESS SUBDIVISION, 3RD ADDITION. ACTION FORM SUMMARY: The applicant is requesting that the City Council approve the Final Plat of a nine (9) lot major subdivision. The subdivision is located along the west side of South Dakota, north of the intersection of South Dakota and Mortenson Road. Staff is recommending that this Final Plat be approved. BACKGROUND: The City Council is being asked to approve a nine (9) lot subdivision that is the 3`d Addition in the Dauntless Subdivision. This subdivision is located west of South Dakota and north of Mortenson Road. Analysis; The property in question is zoned a combination of R-2 and R-3. The lots in question range in size from .18 acres to 1.4 acres in size. As part of the approval of the Conceptual Development Plan (CDP) for this subdivision, the City Council approved a stipulation that the existing buildings that are located on Lot 9 must be removed prior to the approval of the Final Plat of the 3`d Addition. Now the, property owner is requesting that this stipulation be modified to allow the Final Plat of the 3`d Addition to be approved with a "Restrictive Covenant" that will prohibit the issuance of building permits on Lot 9 until the non-conformity has been removed. Although this restriction is different than the initial stipulation, staff is agreeable to the "Restrictive Covenant" approach. (A copy of a letter from the attorney representing the property owner, along with the initial approval resolution for the CDP, is attached to this action for review by City Council.) Water main, storm sewer, and sanitary sewer infrastructure has been installed and certified by the City Engineer for purposes of accepting these improvements. Curb and gutter, street improvements, street lighting, and sidewalks are yet to be installed and have been secured by a Public Improvement Agreement, along with a cash deposit of $46,475 that has been reviewed by staff and will be approved along with the approval of the Final Plat. Staff has determined that this subdivision has met the requirements of the subdivision regulations of the City. This Final Plat is being recommended for approval. ALTERNATIVES: 1. The City Council can accept certification of the water main, storm sewer, and sanitary sewer and approve the Final Plat of the V Addition to Dauntless Subdivision. 2. The City Council can deny approval of the Final Plat of the 3rd Addition to Dauntless Subdivision. 3. The City Council can refer this request back to staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This action will accept certification of the water main, storm sewer, and sanitary sewer and approve the Final Plat of the 3rd Addition to Dauntless Subdivision. COUNCIL ACTION: Attachment 2 SHARP, JAHN, FEILMEYER & WESTENFIELD,plc ATTORNEYS AT LAW DALE E.SHARP 618 DouoLAS-P.O.BOX 270,ANMS,IOWA 50010-0270 LAWRENCE E.JAHN TEI HoNE:515-239-5000•FAX:515-239-5010 FRANKLIN J.FEIL vmm VICTORIA A.WESTENFIELD FRANKLIN J.FEII.MEYER DIRECT NUMBER:515-239-5006 E-MAIL:FJF@NETINSNET September 1, 1999 Hon. Mayor& Council Members City of Ames, Iowa REC'D S E P - 21999 515 Clark Avenue Ames, IA 50010 COF)v EE: Third Addition, Dauntless Subdivision replat of Outlots Y& Z, First Addition,Dauntless Subdivision Dear Mayor Tedesco and Members of the City Council: We represent Everett W. Cochrane and Marjorie L. Cochrane. I am writing to you to request that the conceptual development plan (CDP) requirements for First Addi- tion, Dauntless Subdivision be modified. I further request that this matter be referred as soon as practicable to the planning and housing department for comment and placement on the next city council agenda. The First Addition, Dauntless Subdivision is a development in the southwest tar- get growth area and contains higher density residentially and commercially zoned prop- erties. In the northeast corner of the First Addition, the developer platted two nonbuild- able outlots, "Y" and "Z," around some existing houses, a barn, and other outbuildings. The CDP for the First Addition contains a condition requiring buildings that become nonconforming by the platting to be removed. The developer is now ready to submit to the city a subdivision plat of Third Ad- dition, Dauntless Subdivision, which is a replat of Outlots Y and Z. The plat for the Third Addition brings Twain Circle in from the west and curves around to the south. Utilities are in place, and the street will soon be added. With the plat, however, two structures become nonconforming. A barn is at 24 feet from the right of way and a house is at 22 feet from the right of way, which is within the setbacks. Because these structures still have useful economic value and because the encroachment into the setback area is only a few feet, the developer asks that the city reconsider the requirement to remove these two structures. I have enclosed a photocopy of a letter from Paul Popelka of Engi- neering Plus to Planning Director Brian O'Connell, which contains further information. The developer requests that the city modify the CDP requirement that noncon- forming structures be removed before the final plat of the Third Addition. In its place, the developer asks that the final plat of the Third Addition may be approved subject to a restriction on Lot 9, essentially as follows: FJF/✓1999M11422 • e SHARP, JAHN, FEILMEYER & fffSTENFIELD,plc ATTORNEYS AT LAW Hon. Mayor& Council Members September 1, 1999 Page 2 1. The two existing structures may remain provided (a) that neither is enlarged or altered in a way which increases its nonconformity, and provided that such en- largement or addition conforms in all respects to existing zoning regulations, and (b) that should it be destroyed by any means to an extent of sixty percent or more of its replacement cost at time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of the zoning ordi- nances of the City of Ames, and if the structure is destroyed less than sixty per- cent above the foundation, it may be reconstructed and used as before provided such reconstruction is done within one year of such happening and is built of like or similar materials (all as provided under the existing zoning code). 2. The city will not issue a building permit for Lot 9 until the nonconformity is re- moved. If you have any questions or concerns about this matter, please feel free to contact me. Yours very truly, $ MEYER&WESTENFIELD, PLC F FE NmYER ttorn t L copy to Ev Co e Ken Janssen Brian O'Connell FJF X 199MI1422