HomeMy WebLinkAboutA010 - Council Action Form dated December 11, 2012 ITEM # 19
DATE: 12-11-12
COUNCIL ACTION FORM
SUBJECT: STREETS OF NORTH GRAND PLAT 2
MINOR SUBDIVISION FINAL PLAT
BACKGROUND:
Grand Center Partners, represented by Greg Kveton, is requesting approval of a two-lot
subdivision of Lot 1 of Streets of North Grand. The purpose of the subdivision is to
create a separate lot for the "Retail A" now under construction at the south end of the
mall site. An aerial photograph is included as Attachment 1 to show the proposed lot
lines in relation to the former buildings on the site. The proposed Final Plat is included
as Attachment 2.
The Streets of North Grand was approved as a three-lot subdivision in 2007 to facilitate
development of "lifestyle center" retail from the former Sears building southward. At that
time, the City Council also approved an Adaptive Reuse Plan for redevelopment of the
mall. When that redevelopment became economically infeasible, Grand Center Partners
sought Council approval of a modified Adaptive Reuse Plan that anticipated the
demolition of a portion of the mall and the construction of new retail space. That plan
was approved by Council in January 2012. Within the staff report at that time, the owner
discussed the possibility of a future request to create a separate lot for what was shown
as "Retail A" on that plan.
Since all infrastructure is in place to serve these lots, this request is classified as a
"minor subdivision," which does not require a preliminary plat. The Adaptive Reuse Plan
does not need amending, since there are no changes to the plan as approved by the
City Council in January.
Some of the parking areas and drive aisles may be divided by the new lot lines.
However, the remote parking agreement approved by the City Council in January, as
well as the private covenants of the mall, allow for shared access and parking among all
of the lots on the mall property.
All financial security that the City once held for the public and private improvements on
the mall has been released. All terms of the previous Development Agreement and
Supplemental Development Agreement have been met. There are still conditions on the
Adaptive Reuse Plan approval that will be satisfied when building plans for the
additional retail spaces are submitted.
The City Council is now asked to determine compliance with the applicable law found in
Attachment 2. Based upon the analysis of City staff, the Final Plat for Streets of North
Grand Plat 2 conforms to relevant and applicable design and improvement standards of
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the Municipal Code, to other City ordinances and standards, to the City's Land Use
Policy Plan, and to the City's other duly adopted plans and policies.
ALTERNATIVES:
1. The City Council can approve the Final Plat for Streets of North Grand Plat 2.
2. The City Council can deny the Final Plat for Streets of North Grand Plat 2.
3. The City Council can refer this request back to staff or the applicant for additional
information.
MANAGER'S RECOMMENDED ACTION:
The proposed Minor Final Plat for Streets of North Grand Plat 2 is consistent with the
existing Adaptive Reuse Plan approved in January, 2012. It is also consistent with the
City's subdivision and zoning regulations. The proposed plat would create a separate
platted lot for the Retail A space.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the Final Plat for Streets of North Grand Plat 2.
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ATTACHMENT 1: GENERAL LOCATION
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ATTACHMENT 2: FINAL PLAT
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ATTACHMENT 3: APPLICABLE LAW
The laws applicable to this case file are as follows:
Code of Iowa, Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall
be submitted to that governing body for review and approval prior to recording.
Governing bodies shall apply reasonable standards and conditions in accordance
with applicable statutes and ordinances for the review and approval of
subdivisions. The governing body, within sixty days of application for final
approval of the subdivision plat, shall determine whether the subdivision
conforms to its comprehensive plan and shall give consideration to the possible
burden on public improvements and to a balance of interests between the
proprietor, future purchasers, and the public interest in the subdivision when
reviewing the proposed subdivision and when requiring the installation of public
improvements in conjunction with approval of a subdivision. The governing body
shall not issue final approval of a subdivision plat unless the subdivision plat
conforms to sections 354.6, 354.11 , and 355.8.
Ames Municipal Code Section 23.303(3) states as follows:
(3) City Council Action on Final Plat for Minor Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for
review and approval in accordance with Section 354.8 of the Iowa Code, as
amended or superseded. Upon receipt of any Final Plat forwarded to it for review
and approval, the City Council shall examine the Application Form, the Final Plat,
any comments, recommendations or reports examined or made by the
Department of Planning and Housing, and such other information as it deems
necessary or reasonable to consider.
(b) Based upon such examination, the City Council shall ascertain whether the
Final Plat conforms to relevant and applicable design and improvement
standards in these Regulations, to other City ordinances and standards, to the
City's Land Use Policy Plan and to the City's other duly adopted plans. If the City
Council determines that the proposed subdivision will require the installation or
upgrade of any public improvements to provide adequate facilities and services
to any lot in the proposed subdivision or to maintain adequate facilities and
services to any other lot, parcel or tract, the City Council shall deny the
Application for Final Plat Approval of a Minor Subdivision and require the
Applicant to file a Preliminary Plat for Major Subdivision.
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