HomeMy WebLinkAboutA002 - Council Action Form dated March 25, 2014 ITEM # 35
DATE: 03-25-14
COUNCIL ACTION FORM
SUBJECT: MINOR FINAL PLAT FOR DAUNTLESS SUBDIVISION 101n
ADDITION
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Ames Municipal
Code. This Subdivision Code includes the process for creating or modifying property
boundaries, and specifies whether any improvements are required in conjunction with
the platting of property. Creation of new lots is classified as either a major or a minor
subdivision. A minor subdivision includes three or fewer lots and does not require
additional public improvements. A minor subdivision does not require a preliminary plat.
and may be approved by Council as a final plat only, subject to the applicant completing
the necessary requirements. After City Council approval of the plat, it must then be
recorded with the County Recorder to become an officially recognized subdivision plat.
Property owner Kinneer Development LLC is requesting approval of a final plat
for a minor subdivision of the 2.18 acres of land located at 4540 Mortensen Road
(see Attachment A). This existing single parcel has street frontage on both Mortensen
Road and Dickinson Avenue and is currently vacant. Access from Mortensen Road is
restricted to one location at the northeast corner of the lot. This access point includes an
existing 30-foot north/south public access easement through the site, and also provides
the sole access to the properties to the east from Mortenson Road. The south boundary
of the lot has the benefit of an east/west public access easement on the neighboring lot
to the south.
The proposed final plat (Attachment B) shows the subject site with the division of
property as requested by the owner. Proposed Lot 1 includes 0.96 acres and includes
easements for access among neighboring parcels. Proposed Lot 2 includes 1.22 acres;
and access from Dickinson Avenue is available for this parcel. The Community
Commercial Node zoning for both of these properties permits retail trade, except
automotive trade, and short term lodging. No other residential use is permitted. The
sites are also subject to the Southwest Gateway Overlay District, which includes
additional site development and architectural standards. Staff is reviewing a site
development plan for a hotel on Lot 2. There is not a proposed project for Lot 1 at this
time.
Public utilities serve both parcels. An existing agreement requires installation of the
public sidewalk for the existing lot along the entire Mortensen and Dickinson frontages
at the time the lot is developed, before an occupancy permit is approved. This is typical
for sidewalk agreements approved with subdivisions in commercially zoned areas.
However, this existing sidewalk agreement does not apply to this subdivision for the
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10th Addition that divides the lot into two lots. Therefore, a new sidewalk agreement
is provided for City Council approval that requires the sidewalks along the entire
length of Mortensen Road and Dickinson Avenue frontages (both Lot 1 and Lot 2)
to be completed before an occupancy permit is issued for the first building to be
built in the subdivision. (See Attachment C Agreement for Sidewalk and/or Shared
Use Path) Staff recommends requiring the compete installation on all frontages with the
first building due to the current need along the site evidenced by the existing
connections abutting the site. Additionally, if the property was not subdivided, all
frontages would be improved with the first building to be built.
Please note that street trees are not required as part of the subdivision in commercially
zoned areas.
The proposed subdivision complies with all relevant and applicable design and
improvement standards of the Subdivision Regulations, to the City's Land Use Policy
Plan, to other adopted City plans, ordinances and standards, and to the City's Zoning
Ordinance.
ALTERNATIVES:
1 . The City Council can approve the final plat for Dauntless Subdivision 10th Addition
including the proposed sidewalk/shared path agreement for improvements along all
frontages prior to occupancy of the first building built on either Lot 1 or Lot 2, based
upon the findings and conclusions stated above.
2. The City Council can approve the final plat for Dauntless Subdivision 10th Addition,
based upon the findings and conclusions stated above, conditional upon approval of
a sidewalk agreement that is revised to require sidewalks to be built separately on
Lot 1 and Lot 2, when each lot is developed.
3. The City Council can deny the final plat for Dauntless Subdivision 101h Addition if the
Council finds that the proposed subdivision does not comply with applicable
ordinances, standards or plans.
4. The City Council can refer this request back to staff or the applicant for additional
information.
MANAGER'S RECOMMENDATION:
The proposed final plat for Dauntless Subdivision 101h Addition is consistent with the
City's existing subdivision and zoning regulations, other City ordinances and standards,
the City's Land Use Policy Plan, and the City's other duly adopted plans. Staff supports
the proposed agreement requiring installation of the remaining sidewalks all at one time,
since the existing sidewalk agreement anticipated that is how the sidewalk would be
implemented with the overall original subdivision.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1.
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Attachment A
Location Map
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Attachment B
Proposed Final Plat of Dauntless Subdivision Iot" Addition
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Attachment C
Agreement for Sidewalk and/or Shared Use Path
DO NOT IyRITE IN THE SPACE ABOVE THIS LLNE;RESERVED FOR REC ORDER
Prepared bt 7ersira D. Spodrn Ctt of AIIi2s Legal Departmei3t.515 CtaiIC Ave-Ames.IA 54C>W+Phone 515-?;4_5i-i6)
Renum toy Cap•of Anies Cav Clerk.51>Clark Ave- Auues.IA 50010
AGREEMENT FOR SIDEWALK A-ND/OR SHARED USE PATH
Tile parties to this agreement are Kinueer Development. LLC. their successors and
assigns (hereinafter referred to as "Owners") and the City of Ames. Iowa (hereinafter referred to
as"City-').
NVIIEREAS, the Owners are in the process of platting a subdivision of real estate per
Chapter 33 of the Municipal Code of Rues. Iowa. to be known as IOTH ADDITION.
DAt1TLESS SI BDR'ISIOh, Nines. Stop Count,. Iowa. and
'WHEREAS, the 0,,viiers are required to construct a sidewalk andior shared use path in
all se=elits that abut a street in the subdivision as part of the platting procedure of the City.
NOXV, THEREFORE, in consideration of the premises. it is hereby understood and
a�u,eed that:
1. The Owners shall construct a sidewalk and`or shared use path as required by the
City for said subdivision. in accordance with plans and specifications oil file with the C'ity's
engineers and by this reference made a part of this agreement before any city zoning building
permit Will be issued With respect to Said subdivision. In the alternative. Owners may obtain said
permits and proceed with construction ptlrStlant t0 said permits With the understanding that
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an --occupancy permit" tinder City ordinances shall be withheld with respect to any building in
the subdivision unless and until the sidewalk and or shared use path is completed as aforesaid for
the entire subdivision. Further. if the sidewalk and''or shared use path is not completed as
aforesaid for the entire subdivision within twenty-four(24) months of the issuance of the zoning
building permit for any building. the said building permit shall be revoked and be null and void
with respect to that building,
2. This agreement shall be filed of record in the office of the Story County Recorder
and all covenants. agreements. promises and representations herein stated shall be deeiried to be
covenants ninning with the land and shall endure and be binding on the parties hereto. their
successors and assigns. for a period of twenty-one (21) years from the date of the recording of
these covenants. unless claims to continue anv interest in the covenants are filed as provided by
Dated this day of
O� ERS CITY OF A_-NIES,IOAZX
Bt By
Kevin Kinneer J>>lrri Joiner. Director of Ptiblic Works
STATE OF I0i1 A.COUNTY OF STORY- s STATE OF IOWA.COUNTY OF STORY. ss:
This instrument was aclaio •ledged before ine on This nrstrument was acknowle&ed before nie on
by Ket-in Kiwieer Is'Manager by John Joiner as Director of
,:I Knineei De•-:-Iopnieiit.LLC. t Public Works for the City of Aires_Iowa.
Notary Public iii and for the State of Iowa
Notary Publi- in and fir the State if lea-a
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Attachment D
Applicable Laws
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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