HomeMy WebLinkAboutA001 - Council Action Form dated August 28, 2012 ITEM # 14
DATE: 08-28-12
COUNCIL ACTION FORM
SUBJECT: MINOR FINAL PLAT FOR RASMUSSEN GROUP SUBDIVISION,
FIRST ADDITION
BACKGROUND:
The Rasmussen Group is proposing to subdivide an industrial property in Boone County
at the intersection of Lincoln Way (230th Street in Boone County) and X Avenue. A
location map is included as Attachment A. The proposal is to create three lots, two of
which are buildable and one of which is likely to be incorporated into an existing lot. The
proposed plat is included as Attachment B.
On July 10, 2012, the City Council waived Division IV Design and Improvement
Standards of the Ames Subdivision Regulations for this proposed subdivision. This
waiver allowed the owner to prepare a minor subdivision plat for later approval by the
Ames City Council prior to recording the plat and selling lots.
As noted in the report given to the City Council at the time of the waiver request, the
Ames Urban Fringe Plan identifies the future land use for this area as Highway Oriented
Commercial. Neither the Ames Urban Fringe Plan nor the Ames Land Use Policy Plan
identifies this corridor as a community entry. In summary, the Plan anticipates that
Highway Oriented Commercial land uses will develop outside of the City, preferably in
clusters, and that public improvements may be required depending on the location,
anticipated traffic, intensity, and type of use and other factors.
The development that has occurred in this area is mostly industrial, consistent with the
Boone County zoning map. Boone County has already approved Limited Industrial
Zoning for the Rasmussen property. Again as noted on the July report, Boone County
property owners have been making plans for the use and development of their property
based on the current zoning designation by Boone County and by past practices of the
City for similarly situated land. Although Boone County is not a signatory to the 28E
Implementation Agreement that Ames has with Gilbert and Story County, one aspect of
that agreement is to give deference to the rural zoning already in place, even if it is not
consistent with the Ames Urban Fringe Plan.
In considering this request, the City Council is asked to determine compliance with the
applicable law found in Attachment C. Analysis of the proposed subdivision plat by City
staff has found compliance with all applicable subdivision standards.
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ALTERNATIVES:
1. The City Council can approve the Minor Final Plat known as Rasmussen Group
Subdivision, First Addition.
2. The City Council can deny the Minor Final Plat known as Rasmussen Group
Subdivision, First Addition, if it determines that the proposed subdivision does not
conform to adopted standards and regulations.
3. The City Council can refer this back to staff and/or the property owner for additional
information.
MANAGER'S RECOMMENDED ACTION:
City staff has evaluated the proposed final subdivision plat and concluded that the
proposal is consistent with the waiver granted by the City Council in July, allowing the
owner to submit a minor final plat. Therefore, it is the recommendation of the City
Manager that the City Council approve Alternative #1.
Approval of the resolution will allow the Final Plat for Rasmussen Group Subdivision,
First Addition and accompanying documents to be placed before the Boone County
Supervisors for action and, if approved, to be recorded in the office of the Boone County
Recorder.
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ATTACHMENT A
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ATTACHMENT C
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:
(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 or 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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Ames Municipal Code Section 23.303(4) states:
(4) "Effect of City Council Action on Minor Subdivision: Following such examination,
and within 60 days of the applicant's filing of the complete Application for Final
Plat approval of a Minor Subdivision with the Department of Planning and
Housing, the City Council shall approve, approve subject to conditions, or
disapprove the Application for Final Plat approval of a Minor Subdivision. The
City Council shall set forth its reasons for disapproving any Application or for
conditioning its approval of any Application in its official records and shall provide
a written copy of such reasons to the developer. The City Council shall pass a
resolution accepting the Final Plat for any Application that it approves."
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