HomeMy WebLinkAboutA008 - Council Action Form dated September 28, 1999 (Waiving Regulations) ITEM # ;?50L
DATE 09/28/99
COUNCIL ACTION FORM
SUBJECT: RESOLUTION WAIVING SECTION 23.403(9)(c) OF THE SUBDIVISION
REGULATIONS (1,320 foot rule).
ACTION FORM SUMMARY: The applicant that is requesting approval of a Final Plat for
the South Duff Community Park subdivision, is also requesting that the requirement that
there be two means of access where the length of a street exceeds 1,320 feet in length
(Section 23.403(9)(c)) be waived.
Staff is recommending that this requirement be waived.
BACKGROUND: In June of 1999, the City Council received a request from the property
owner at 2212 South Duff Avenue to waive the requirement of the subdivision regulations
that requires that two means of access be provided when a street exceeds 1,320 feet.
This request has occurred in conjunction with a request by the property owner to seek
approval of a subdivision of the same property.
The City Council has the authority to waive or modify the provision of the subdivision
regulations of the City as provided for in Section 23.103.
ANALYSIS; The particular property in question, for which the waiver request is being
made, is generally located near the intersection of US 30 and South Duff Avenue. As
such, the ability to construct intersecting streets that would provide two means of access
to the proposed subdivision is severely limited. In addition, the proposed subdivision is
also located immediately adjacent to the State Of Iowa Tree Nursery, which also creates
a hindrance to the creation of a more complete street circulation system.
Since the location of this proposed subdivision is such that the likelihood of additional
street construction that would create intersecting street is not likely staff believes that the
request to waive the requirement in Section 23.403(9)(c) is reasonable and should be
approved.
ALTERNATIVES:
1. The City Council can approve the request to waive the requirement in Section
23.403(9)(c) of the Municipal Code that requires two means of access where a street is
longer that 1,320 feet.
2. The City Council can decide not to waive the requirement found in Section 23.403(9)(c)
of the Municipal Code and thus require the proposed South Duff Community Park
subdivision to obtain a second means of access to the property.
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 waive the requirement found in Section 23.403(9)(c) and thus eliminate the
requirement that more than one means of street access be provided for the South Duff
Community Park subdivision.
COUNCIL ACTION:
2