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HomeMy WebLinkAboutA002 - Council Action Form dated August 11, 2009 M ITEM #: 26a & b DATE: 08-11-09 COUNCIL ACTION FORM SUBJECT: REQUEST FOR WAIVER OF SUBDIVISION REGULATIONS AND APPROVAL OF MINOR SUBDIVISION PLAT FOR ACTS SUBDIVISION AT 4001 LINCOLN WAY BACKGROUND: Habitat for Humanity is seeking approval of a minor subdivision plat for a parcel at 4001 Lincoln Way. This single parcel would be split into two lots to allow construction of two single family homes. The current parcel sits at the intersection of a Lincoln Way frontage road and McDonald Drive, and the two new lots would have frontage on McDonald Drive. At the pre-plat conference, City staff noted that the existing 25 feet of McDonald Drive right-of-way should be widened to 55 feet. This 55-foot width is the minimum necessary for new streets created as part of subdivisions. Staff also noted that street trees, street lights, and sidewalks should be installed, consistent with the requirements of the City's subdivision ordinance. The applicant is requesting fourwaivers from these code requirements. Attached is a letter requesting these waivers and describing the reasons for seeking them. If the City Council approves the waivers, then Council should also approve the minor subdivision plat for this subdivision. The Ames Municipal Code includes a provision for waiving or modifying the requirements for subdivision improvements. A waiver or modification of the regulations in Section 23.103(1) requires the Council to find that one of the two following criteria is met: 1. Strict compliance with the requirements of the Regulations would result in extraordinary hardship to the applicant or: 2. It would prove inconsistent with the purpose of the Regulations because of unusual topography or other conditions According to the Municipal Code, the City Council by waiving or modifying any one of the subdivision regulations according to the above criteria ensures that"substantial justice[has been] done and the public interest [will be] secured,"and that"such modification or waiver shall not have the effect of nullifying the intent and purpose of the regulations." If the City Council determines that one, or both, of the two criteria listed above have been met, then the four waivers can be granted in whole or with other conditions. If The City Council approves the waiver of the requirements, the Council is then asked to approve the minor subdivision plat for Acts Subdivision. 1 The applicant is requesting the waiver of the four requirements addressed in the attached letter from Mr. Gene Dreyer, HWS Consulting Group. The first waiver is from the requirement that McDonald Drive be a minimum width of 55 feet. As a residential cul- de-sac, McDonald Drive requires a right-of-way width of 55 feet (Section 23.403(10)). It currently lies within a 25-foot right-of-way. In 1963, the City acquired, through a deed of dedication, this 25-foot strip of land from McDonald,Yoder and Yoder. The lots currently in place were, more or less, established prior to 1963. In 1994, the City approved a subdivision plat for Westwood Village, on the east side of McDonald Drive, for the 58-unit Westwood Village residential development. At the time of that 1994 plat,the 25-foot street was already in place; and the City did not require a widening of the street at that time. Staff had determined that the proposed creation of one additional lot will not create any significant impact on the traffic of the existing street. The street will likely not ever be extended north to Hickory Drive, norwidened to accommodate additional pavement. Staff has no concerns with the granting of the waiver. On the other hand, the impact on this small parcel of dedicating an additional 30 feet of right-of-way would be very detrimental and would advance little public betterment, especially with no expectation that McDonald Drive would ever be extended or widened. The second requested waiver is for street trees required in Section 23.402. The existing site has several mature trees, although on private property. The applicant's letter contains an inventory of the existing trees. Staff also noted that for any newly-planted street trees to thrive,the existing trees would need to be thinned, if not outright clear cut.The existing tree canopy meets the intent of the street tree requirement and little public good would be obtained by requiring new trees to be planted, especially if such plantings required the removal of the existing mature trees. The proposed street tree agreement notes that these trees will be retained to the greatest extent possible. The third requested waiver is for streetlights required in Section 23.403(13). Two street lights exist already—one to the southeast of the subdivision on the frontage road, and one to the northeast of the subdivision on McDonald Drive. Because of these existing street lights and the coverage they provide, Electric Services does not require the installation of any additional lights. The fourth request is for a waiver of the required sidewalks as found in Section 23.403(14). This section requires sidewalks along street frontages in the right-of-way. In this instance, the owner seeks a waiver from the requirement for a sidewalk along the east property line (the west side of McDonald Drive). Waiving the requirement for sidewalks along the west side of McDonald Drive resolves two issues. One is that the McDonald Drive right-of-way is only 25 feet wide. There is little room within the right-of-way for the safe placement of a sidewalk. Second is that the existing mature trees may be an impediment for the installation of the sidewalks, either in the right-of-way or on the private side of the-lot line. Staff supports the waiver of the sidewalk along McDonald Drive, and notes that sidewalks along the north side of Lincoln Way will be extended in this area in the near future. The applicant will install the sidewalk along the south side of the subdivision. This improves the connectivity of the pedestrian system along the frontage road with only 2 the two lots to the west of the proposed subdivision without sidewalks. At the owner's request, staff has reviewed the final subdivision plat for Acts Subdivision with the assumption that the requested waivers would be granted. This allows the waivers and the subdivision plat to be brought forward concurrently. However, denial of any of the waivers would require denial of the proposed subdivision plat. ALTERNATIVES: 1. The City Council can approve the request to waive the requirements for dedication of a 55-foot McDonald Drive right-of-way, installation of street trees, installation of street lights, and installation of the McDonald Drive sidewalk by finding that one or both of the criteria are met, and can then approve the minor subdivision plat of Acts Subdivision. 2. The City Council can approve any combination of requested waivers, deny the remaining waivers as not meeting either of the criteria, and direct staff to seek compliance with the remaining requirements. The City Council should then defer action on the subdivision plat until it is resubmitted in accordance with the requirements for which waivers were not granted. Final action would need to occur no later than September 21 unless the applicant requested an extension. 3. If the City Council supports all the waivers except the waiver for the sidewalk along McDonald Drive, the City Council can approve the three other requested waivers as well as a new, fourth waiver. This fourth waiver would be to allow the sidewalk to be placed on private property (rather than in the right-of-way). In this case, the City Council should defer action on the subdivision plat approval while staff works with the applicant to obtain an updated plat, an updated easement grant, and an updated sidewalk installation agreement. Final action would need to occur no later than September 21 unless the applicant requested an extension. 4. The City Council can deny the request to waive the four subdivision requirements, and deny the minor subdivision plat of Acts Subdivision for not meeting the requirements of the subdivision ordinance. 5. The City Council can refer this request back to staff or the applicant for additional information. Final action would need to occur no later than September 21 unless the applicant requested an extension. MANAGER'S RECOMMENDED ACTION: This parcel lies within an already-built environment. It already has virtually all of the required infrastructure. Of those that it lacks, alternatives are in place or proposed that will ensure that the intent of the subdivision improvement requirements is met. The undersize right-of-way has existed since 1963 and has served the development of the area, including the later development of Westwood Villages. For those infrastructure needs that do not meet the letter of the subdivision regulations, the applicant has provided evidence that 3 seems compelling to allow approval of the waivers. If the waivers are approved, the subdivision plat would then meet the requirements of the Ames Municipal Code. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 and approve the request to waive the requirements for dedication of a 55- foot McDonald Drive right-of-way, installation of street trees, installation of street lights, and installation of the McDonald Drive sidewalk by finding that one or both of the criteria are met; as well as approve the minor subdivision plat of Acts Subdivision, along with the associated easement grant and sidewalk installation agreement. 4 v :.� � e ors �_: xt a� '� � �n,S s� �, s•� ��° �` '� °• � .� n y "L� 47, .44 a xa P gi r kk ', aas� -xx, � s 3�,A A� x $`° �^ �� � xis r� C• �r � "e �.r . v� '°�'^��"��� � r .�««,wa ��• � *,ate 4 r� a a � �� � "�tli2v��� .��z��'�{5 1£}0 � E 3 z w " IINCCti�N V1tA�"`` F y � 5 I ACTSSUBDIVISION LEGAL DESCRIPTION PARCEL"B"IN THE SOUTHEAST QUARTER OF to M� G THE SOUTHWEST QUARTER OF SECTION 5, $a E FINAL PLAT TOWNSHIP 83 NORTH,RANGE 24 WEST OF H THE 5TH P.M.,AMES,STORY COUNTY,IOWA, NORTHWEST'CORNER, NORTHEASTCORNER AS SHOWN ON THE"PLAT OF SURVEY"FILED ,w PARCEL"B", PARCEL"B„ IN THE OFFICE OF THE RECORDER OF STORY FOUND 1/2"REBAR FOUND 1/2"REHAR COUNTY,IOWA ON THE 3RD DAY OF W/YELLOW CAP#6586 N89'51'43"H 114.85(R) DECEMBER,1996 AND RECORDED IN HOOK 14 W/YELLOW CAP#6586 ' N89°49'52"E 114.90' AT PAGE 120. _5' PUBLIC UTILITY EASEMENT OWNER AND DEVELOPER HABITAT FOR HUMANITY OF CENTRAL IOWA 401 CLARK AVENUE ti AMES,IA 50010 LOT I PREPARED BY 3 q HWS CONSULTING GROUP m 1 1 1 MCDONALD DR. N 223 S.WALNUT AVENUE,SUITE D z o7.000 SQ FT AMES,IA 50010 a0 p iv /vim) r" Ft O y NOTES z N of V 1098 a p�j 1.THE SOUTH LINE OF PARCEL"B"IS S89°49'52"W 113.97' ASSUMED TO BEAR NORTH 90°WEST AS ~o F'�f�+ SHOWN ON THE PLAT OF SURVEY O RECORDED IN BOOK 14,PAGE 120 IN THE OFFICE OF THE RECORDER OF STORY \/ COUNTY IOWA ON DECEMBER 3,1996. o wl o CW7 zz zz e pQ 1�i 2.SOIL BORINGS ARE REQUIRED IN AREAS U a WITHIN THIS PLAT WHICH HAVE BEEN N IDENTIFIED BY THE CITY OF AMES AS .zp.Q LOT 2 O HAVING SOILS THAT MAKE CONSTRUCTION 4 105 MCDONALD DR. o OF BUILDINGS DIFFICULT. E" 0 z al 7,408 SQ FT >a 3.THE COORDINATES LISTED AT THE Q 04 a <i o SOUTHWEST AND SOUTHEAST CORNERS OF m,a o �I LOT 2 ARE IOWA STATE PLANE rn L_ COORDINATES,NORTH ZONE. w 5' PUBLIC UTILITY EASEMENT F" 0 LEGEND: U N90°00'00 1,112.99' FOUND 1/2"REBAR � FOUND 1/2"REBAR � p SET 12"X 30"REHAR WITH W/YELLOW CAP#6586 N9DroD aDtiv uz.es'(R) IOWA SPC n W/YELLOW CAP#6586 YELLOW PLASTIC CAP#17535 N=3,471,553.77 '+ FRONTAGE ROAD,70'ROW IOWA SPC N=3,471,552.17 0 FOUND MONUMENT AS NOTED E=4,874,677.71 E3 E=4,874,790.68 SECTION CORNER AS NOTED z 5^ o (R) RECORDED BEARING&DISTANCE s z z = 0. N89°59'57'W 1980.9T N89°59'57W 111.19' N89°59'57W 553.50' '> N89°59'57"W 2,645.61' z FOUND P.K.NAIL FOUND ALUM.CAP#8136 0 30 60 SW CORNER SEC 5-83-24 S 1/4 CORNER SEC 5-83-24 RECEIVED 1"=3D' E AUG 0 6 2009 Ly-w.d� that this land mo�sling document was prepared�ANDr �-Iwd (amed b p y''' yme a order myCIT(OF AMES,IOWA I am a 'ly 11—sed LandEOCFNE R.'im? e of t wa" °» ,= 8 G 2cv5 DEPT:OF PLANNING 6t MOUSING ;:, :� 5-No. cy*........... eno Dryer 6P.�5 �ei,QWi�""•• wraen mreneinl dote. acember 31 2010 1 Date: August 6,2009 To: City of Ames From: Gene Dreyer HWS Consulting Group Re: Waiver of infrastructure for Acts Subdivision—4001 Lincoln Way Habitat for Humanity of Central Iowa(herein known as HFHCI) submitted a proposal to the City of Ames on July 3,.2007 to split the existing lot at 4001 Lincoln Way into 2 lots for the purpose of building two affordable single family homes. The lot would be split down the middle with an East-West line. HFHCI did not own the lot at that time,but had an option to buy the lot.,The contract, labeled Exhibit.A is included in the back of this packet. HFHCI did not want to buy the,lot if it could not be split into two, as the$30,000 purchase price needed to be split between two lots to be able to provide affordable housing. An aerial view of.the property is shown below. F Q F 0 i LJNCO'LN0 IMNtyyr y Seana Perkins, a planner for the City of.Ames at that time, said that she saw no obstacles to the subdivision and responded later with written comments. The lot split was classified as a Minor Subdivision. Her comments (Exhibits.A-1 and A-2) are summarized here: 1. A sidewalk is required along the entire frontage of the property. 2. Provide 10-foot public utility easement where requested 3. Provide 5-foot public utility easement where requested 4. Coordinate driveway locations with Traffic Engineer. NED 5. Obtain permits from Public Works as needed. 6. Contact Public Works for new addresses. AUG 0 6 Z009 CITY OF AMES, IOWA OP� PLANNING &HOUSING The nature of the.comments and the original DRC meeting led HFHCI to believe that they.should buy the lot because.the City had indicated in their comments that there would be no major financial barriers . imposed by splitting the lot into two lots. HFHCI was willing to abide by the City's comments and therefore purchased the.lot with the intent of creating two lots. HFHCI's Minor Subdivision Application was delayed for several reasons (not by the City)until April 11, 2008.. At that time, we submitted a new sketch plan because we were told that the previous sketch plan submission was no longer in effect. -After submitting the a new sketch plan,we were sent a letter from the City(Exhibit B) that stated that there is no statutory time limit on sketch plans and that we should proceed with the subdivision. The process was again put on hold by HFHCI until March of.2009. At that time we,contacted Steve . Osguthorpe to ask if we needed to submit a new sketch plan.. He said that we probably should since it had been so long. At the DRC meeting on March.27, 2009, we were given a set of comments (Exhibits C-1 and C-2)_that left us completely stunned. The comments are summarized below: 1. This is a Minor Subdivision and a Final Plat will be required. 2. The existing 25' right-of-way,which has been in place since 1963, would need to-be expanded to be 55',:and that the additional 30' would have to be taken from our lot only. 3. We have the right to apply for a waiver. 4. Public sidewalks will be required. 5. Street trees will be required. 6. Street lights will be required: ..7. Coordinate driveway locations with.Traffic:Engineer. 8. Obtain permits when working in right-of-way. The latest comments received would put a financial hardship on HFHCI and make.affordable housing. for Partner Families more difficult: HWS Consulting Group and HFHCI are requesting a waiver of the following infrastructure for Acts Subdivision: 1. Right-of-Way(ROW) and street improvements—We request to waive all ROW and street . requirements,-and suggest the.current ROW width of 25 feet remain as-is. The only other house that fronts McDonald Drive on.the West side'also has 25 foot ROW. The aerial photo on the first.page shows that McDonald Drive is not a.through street.McDonald Drive dead ends at the North end of the neighboring property to the North. The city has requested that HFHCI dedicate the East 30 feet of the proposed lots to the City of Ames for ROW purposes. If the lot depth is reduced by 30 feet, the lot would not have enough square footage to be meet the City's minimum lot.size when split.. The East 30 feet of the lot equates to 26.% of the entire area of the lot. . Without a waiver, HFHCI has indicated that they will have to sell the lot because the$30,000 purchase price is too expensive for HFHCI to provide affordable housing for.one home. 2. .Street Trees We request to waive the additional street tree requirement. Along the East side of the property there is a 24"maple, a 26"maple, a 32"maple, and an 8"deciduous tree. Along the South line of the.property there is a 22"pine tree and a 10" deciduous tree. The photo on page one shows that most of the frontage has good tree coverage. 3, . Street Lights—We request to waive the additional street light requirement. There are existing street lights mounted on wooden poles across the street at the southeast corner of the lot and the northeast corner of the lot. 4. Sidewalks—HFHCI requests that the requirement for a sidewalk on the East side of the property be waived. Construction of a sidewalk on the East side of the property would mean the four . . mature trees would have to be cut down along with a portion of the row of shrubs on the North property line. The limited Right-:of-Way would not provide an adequate area for safe passage. The sidewalk would.not serve a large area since the street ends just North of this property. Sidewalk would still be constructed on the South side of the property. The waiver of these four improvements will allow HFHCI help meet the often discussed and needed goal of affordable housing in Ames. Without this waiver, HFHCI will be unable to move forward with this wonderful"infill project that will require rib additional City infrastructure and.no other commitments from the City of Ames. , Habitat for.Humanity would like to use this property for the annual"Blitz Build"this year during the ISU Homecoming week. During that week, the goal would be to get the house from just a foundation to a fully enclosed house. It is a great opportunity to raise awareness in the community and to bring the students and community closer by working to improve the availability of affordable housing in Ames. I.sincerely.thank you for your consideration. Eugene R.Dreyer, PLS HWS Consulting Group and Habitat for Humanity Volunteer rr . i ►L.L Ma�ziosv /53Cp . �13 OFFER TO BUY IT AS AGREED.between .Wit lam W, Marlon,-Co-TrusteeondA Bove J. Marion, as. Co-Trustee.of the William W,'and Beverly J. Marion olnt Revocable .Trust Dated , Sellers, whose address for purposes of this Contract is 2009,.Northwestern Ave., AmetjA 5001 , and. Habitat for Humanity of, Central Iowa, Inc., an Iowa Corporation, Buyer, whose address for purposes of this Contract Is 401 Clark Ave., Ames, IA 50010,.that Seller s a re sell and Buyer(s)agree to b the following described real estate located in Story County, lowa:5:P'rf `o-r 1 a �.- "t— Le,-r a P c.&L. Street address: 4001 Lincoln Way Ames, Iowa together with all.easements.and serviant estates appurtenant thereto and subject to zoning restrictions, restrictive covenants, leases, easements and mineral reservations, if any, upon the following terms: I PURCHASE PRICE.The total purchase price for the real estate- (and any personal property included in this sale).is $30,000, of which $1,000 has been paid upon the execution of this Contract. Such earnest money shall be (a) applied to the purchase price upon closing (b) returned to Buyers, in the event the Contract becomes null and void (c)-paid over to Sellers In the event the Contract is forfeited or(d) paid over pursuant to other agreement of the parties or order of Court, as the case may be. Buyers agree to pay the balance to Sellers at their residence or as directed by Sellers as follows: [check appropriate box] A. [XI CASH. By paying the balance.of the purchase price in cash or certified check at closing. TAX-DEFERRED EXCHANGE.Sellers rase a right to effect.a tax-def d exchange with r act to the above real estate, and for this pu ill establish an Ind escrow agent ! calve the purchase price to be paid by Bu uyers agree to cooperate his tax-deferred ex nge, prov doing so does not (a),cau m.to incur any out-of-pocket ense in excess of they wo ave • . Incurred without such ange taking place or.(b) requir ern to.take title to an [estate,o than the real estate Bu are purchasing under this Co . Buyers shall not any paym under this Contract ler or Sellers; agents, but rather the designated.indepen nt escrow a C. [X] APPROVAL BY CITY OF AMES. This offer is contingent upon the following: Buyer must.obtain approval from the Ci of Ames, Iowa to split the real estate into two parcels. This contingency must be met on or before .,.,:e o. 2007. In the event this contingency is not met as provided by the date Indicated,this offer shall be null and void. D. [X] BUILDING PERMIT CONTINGENCY.This offer Is contingent upon Buyer obtaining information or, assurance adequate to Buyer that Buyer can obtain a building permit for the construction.of a satisfactory residence on the real estate. in the event this adequate assurance cannot be obtained. on or before 2007, this Contract shall be null and void. 2. INTEREST. if this is a long term contract,the gre o pay interest from date of sir upon the A unpaid balances at the rate.of 81/46 per annu le monthly. 7 e.periodic payment s,p ed above shall be applEed'first to,interest, balance to pri It is a contract which ill be,paid In c osing, hen Buyers agree to pay interest from scheduled g date at the rate of 12% ann nd only if, the failure.to close on the scheduled,closing date.-is not due to any fault of the Seller. 3: TAXES. Sellers agree to pay their share of the real estate taxes, prorated.to date of possession by credit at closing, and any unpaid taxes payable in prior years and all special assessments for.improvements which have been certified as a Lien or spread on the Treasurer's books and are capable of being paid; and Buyers agree to pay, before they become delinquent, all other current and subsequent taxes and assessments against.said premises, subject to any escrow which may be required under this Contract. Any tax pro-ration shall be based upon the last known taxes payable, provided,'however,.if such taxes are not based on a full assessment of the improvements Upon the property or the.tax classification as of the, closing date, then the pro-ration shall be based upon the assessed valuation as shown on-the Assessor's records and the tax rate in effect as of such closing date. Any Offer to Buy, p. 1 (rev'd 11/04) �X I�I P.)I 1 DEPARTMENT OF PLANNING &.HOUSING 515 Clark Avenue,P.O.Box 811,Ames,IA 50010 Phone: 515-239-5400♦Fax: 515-239-5.404 - Gin•ine Piap4 - Quann.Progrmm sperkins@city.ames.ia.us - July 5, 2007: Eugene Dreyer HWS 223 South Walnut, Suite D Ames,Iowa 50010 Dear Mr. Dreyer: Staff has reviewed your.submitted Sketch Plan request to subdivide a property located at 4001 Lincoln Way. The pre-application conference is a requirement of Section 23.301 of the Municipal Code. It has been determined that the subdivision that is being proposed will be classified as a Minor Subdivision. Please proceed as outlined in Section 23.303 of the Municipal Code. A complete application for a Minor Final Plat must be filed with the.Department of Planning and Housing no later than 90 days(October 3,2007)from the date of Minor Subdivision classification.You can find the most current application for a Final Plat Approval of a Minor Subdivision on the.City's web page at www.city.ames.ia.us/housinoweb/Default.htm. Specific requirements or understandings that have resulted from this pre-application conference are attached to this letter. If you have any questions,please contact the Department of Planning and Housing at 515/239-5400.We look forward to working with you on this subdivision. :Sincerely, Seana E.Perkins Planner SEP:clh Attachment SACammittecs\DRCLSKF.TCH PLANS12007 LETTERS\4001 Lincoln Way-07-06-07.doc �x► �8ri '�� Pre-Application Conference.Reguirements/UnderstandLnQs - .July 5,2.007 4001 Lincoln Way I A sidewalk is required.along the entire frontage of the property. 2. Provide 10-foot public utility easements along the western property line of each new lot. .3 Provide five-foot public utility easements along the southern property line of Lot 2 and along the northern property line of Lot 1. 4.. Coordinate driveway locations with Traffic Engineer,Damion Pregitzer. .5. Contractor shall obtain a right-of-way excavation permit from Public Works to connect new utility services. .6. Contact Annette Thompson in Public Works for addresses. SACommittees\DR0SKETCH PLANS\2007 LETTERS\4001 Lincoln Way-07-06-07.doc DEPARTMENT OF PLANNING & HOUSING 515 Clark Avenue,P.0.Box 811,Ames,IA 50010 o ri„Rr�op� Phone; 515-239-5400♦Fax:515-23M4.04 Plgisinl@city.ames.iaus . Frrnoieuri(.S.ryirr April 11, 2008 Eugene Dreyer HWS 223 South Walnut,Suite D Arncs,.Iowa 50010 Dear Mr. Dreyer: In July 2007,the City received a sketch plan to subdivide land located at 4001 Lincoln Way. At that time the proposed-subdivision was ruled'a Minor Subdivision. Since then,the City has received anew sketch-plan application for the same land. Upon reviewing this application, staff discovered that a ruling of a Minor Subdivision is not subject to expiration. Accordingly,the previous ruling of a Minor Subdivision for your,land stiil.holds. Based on this information,you are not required to resubmit this sketch plan.and can.move forward with the subdivision at this time.- If you have any questions,-please contact the Department of Planning and Housing at 515/239-5400. We.look forward to working with you on this subdivision. Sincerely, LOW knathan Nelsen Planning Inter.? JN:clh- SAComminceADROSUTCH PLANS\2008 LETTERS\4001 Lincoln Way-04-11-08.doc DEPARTMENT OF PLANNING & HOUSING 515 Clark Avenue,P.O..Box 811,Ames,IA 50010 Phone:515-239-5400#Fix: 515:-239-5404 randerson@city.ames.ia.us March 27,2009 Gene Dreyer HWS Consulting Suite D 223 South Walnut Ames,Iowa 50010 . RE: Case File SKP-09-06 Dear Mr. Dreyer: 'On March 27,2009,a pre-application conference was held to review a Sketch Plan to subdivide land located at 4001.Lincoln Way. The pre-application conference is a.requirement of Section 23.301 of the Municipal Code. It has been determined that the subdivision that is being proposed will be classified as a Minor Subdivision. Please proceed as outlined in Section 23.303 of the Municipal Code. A complete application for a Minor Final Plat must be filed with the Department of Planning and Housing,and,after notice of completeness has been sent,review will begin immediately.Staff comments will be sent within seven(7)days,and if no revisions are requested,then the final plat will be scheduled for the next available City Council meeting.You can find the most current application for a Final.Plat Approval of a Minor.Subdivision on the City's web page at . www.cityofames.orn/housingweb/Default.him. Specific requirements or understandings that have resulted from this pre-application conference are attached to this letter. If.you have any questions,please contact the Department of Planning and Housing at 515/239-5400.We look forward to working with you on this subdivision. Sincerely, Ray D. Anderson Planner RDA:clh Attachment S:\PLAN SHR\Commiticcs\DRC\SKETCH PLANS\2009 LETTERS\4001 Lincoln Way-03-27-09.doc Pre-Auplication Conference Requirements/Understandines March 27,2009. 4001 Lincoln Way Case File SKP-09-06 1. This is a Minor Subdivision and approval of a Final Plat will be required. 2. Additional dedication of public street right-of-way for McDonald Drive is required to meet the minimum street width requirements. See Section 23.403(9)(a)and 23.403(10)of the Municipal Code. . The minimum street right-of-way width for a"local-residential"street is 55 feet,without parking. 3. If you choose to seek a waiver of the subdivision requirements for the dedication of additional right-of- way, you will be required to show that strict compliance with the requirements of the Regulations =would result in extraordinary hardship to the Applicant or would prove inconsistent with the purpose of .the Regulations because of unusual topography or other conditions. See Section 23.103(1) of the Municipal Code. . 4. The installation of public sidewalk is required along McDonald Drive.See Section 23.403(14)of the Municipal Code. A defetment.for-the installation of sidewalks may be granted by the City Council when topographic conditions exist that make the sidewalk installation difficult or when the installation of sidewalk is premature: Where the installation of a sidewalk is deferred by the City Council, an agreement will.be executed between the property owner/developer and the City of Ames that will ensure the future installation of the sidewalk. The deferment agreement will be accompanied by a cash escrow, letter of credit, or other form of acceptable financial security to cover the cost of the installation of the sidewalk. 5. Street trees will be required to meet the requirements of Section 23.402 of the Municipal Code. 6. _ Street lights will be required in the public street right-of-way for this subdivision. .Contact Mark Imhoff,Electric:Distribution Engineer, at 239-5175 for further information. .7. Coordinate driveway locations with Damion Pregitzer,Traffic Engineer. You may contact Damion at 239-5160. 8. The contractor shall obtain a right-of-way excavation permit.from the Public Works Department to connect to new utility services. Contact the Public Works Department at 239-5160. S.\PLAN_SHR\Committccs\DRC\SKETCH PLANS\2009 LETTERS\4001 Lincoln Way-03-27-09.doe