HomeMy WebLinkAboutA001 - Council Action Form dated July 23, 2013 ITEM # 23
DATE: 07-23-13
COUNCIL ACTION FORM
SUBJECT: MINOR FINAL PLAT FOR S.E. CORNER OF US HIGHWAY 30 AND
INTERSTATE HIGHWAY 35
BACKGROUND:
Mark Gannon is proposing a two-lot subdivision in the unincorporated portion of Story
County within the two-mile fringe of Ames. The site is the southeast corner of the
intersection of US Highway 30 and Interstate Highway 35.
The Ames City Council waived the subdivision and improvement standards on May 14,
2013 allowing the applicant to submit a minor subdivision plat. The application was
submitted on June 24 and reviewed by City and County staff. The submitted materials
are all found to be acceptable.
ALTERNATIVES:
1. The City Council can approve the Final Plat for SE Corner 30-35 Junction
Subdivision.
2. The City Council can deny the Final Plat for SE Corner 30-35 Junction Subdivision if
it finds that it does not comply with the applicable ordinances, standards or plans.
3. The City Council can refer this request back to staff or the applicant for additional
information.
MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for SE Corner 30-35 Junction Subdivision is consistent with the
City's existing subdivision and zoning regulations, to other City ordinances and
standards, to the City's Land Use Policy Plan, and to the City's other duly adopted
plans.
Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1, thereby approving the Final Plat for SE Corner 30-35
Junction Subdivision.
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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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