HomeMy WebLinkAboutA007 - Council Action Form dated January 28, 2014 r
ITEM # 25
DATE: 01-28-14
COUNCIL ACTION FORM
SUBJECT: MINOR FINAL PLAT DAUNTLESS SUBDIVISION 9T" ADDITION
BACKGROUND:
Subdivision regulations for the City of Ames 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 minor subdivision. A Minor subdivision includes three or less 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.
Dakota Crossing, LLC is requesting approval of a Final Plat for a minor subdivision of
the 4.90-acre property located at 4510 Mortensen Road, southeast of the intersection of
Mortensen Road and South Dakota Avenue (see Attachment A). This a partially
developed site with a gas station and a separate multi-tenant commercial building within
the "CCN" (Community Commercial Node) zoning district, with the "O-GSW" (Southwest
Entryway Gateway Overlay District).
The proposed Final Plat (see Attachment B) shows the subject site with the division of
property as requested by the owner. Proposed Lot 1 includes 3.86 acres, and is a fully
developed commercial site known as Dakota Crossing. Proposed Lot 2 includes 1.05
acres, and is planned for additional commercial development. The overall layout of this
area relies upon a common access driveway from Mortenson and a second access from
Dickinson Avenue to the west to serve the developed and undeveloped portions of this
area. With this Final Plat, an ingress/egress easement 55 feet wide is proposed on the
northern portion of proposed Lot 1 to provide access for proposed Lot 2 across Lot 1,
and for access to the remainder of the undeveloped area. An ingress/egress easement
presently exists across proposed Lot 1 near the detention pond that provides an
alternate means of access to proposed Lot 2. An ingress/egress easement 30 feet wide
is located on land abutting the west property line of proposed Lot 2. This easement will
be used to provide access to proposed Lot 2.
All public utilities are in place to serve proposed Lot 2. Public easements for water main
and underground electric lines are shown on the Final Plat for existing utilities.
Division of the existing lot establishes a property boundary between proposed Lot 1 and
Lot 2 that does not presently exist. This new boundary line creates the need for
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additional perimeter landscaping for existing parking spaces and drive aisles to remain
in compliance with the adopted landscape and screening regulations in Article 4 of
Chapter 29 of the Municipal Code. To approve a Final Plat for this property, it is
necessary that the property owner provide a revised landscape plan for the area
of the site where the new landscaping is required (along the property boundary
that separates Lot 1 and Lot 2). Since the landscaping cannot be installed in
January, the property owner must provide a written cost estimate for the plants
and installation, and a form of financial security (check, cash or letter of credit)
for the City to hold in escrow until such time that the landscaping is installed. A
date by which the landscaping must be completed must also be established. The
property owner has complied with these requirements, and the landscaping is to
be installed no later than May 31, 2014.
ALTERNATIVES:
1 . The City Council can approve the Final Plat for Dauntless Subdivision, 9th Addition.
A separate landscape installation agreement has been approved by the City staff
that requires the landscape installation by May 31 , 2014.
2. The City Council can deny the Final Plat for Dauntless Subdivision, gin Addition, 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. (The Municipal Code requires a final decision regarding final plat
approval be rendered by the City Council within 60 days of the complete application
for Final Plat approval of a Minor Subdivision. City Council must approve, approve
subject to conditions, or disapprove this Final Plat application no later than
February 4, 2014 to meet the 60 day deadline, or have the applicant grant an
extension.)
MANAGER'S RECOMMENDATION:
The proposed Final Plat for Dauntless Subdivision, 9th Addition, 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. The granting of the cross access easements to serve allow for circulation
throughout all of the area is critical to original planning for this area and the original
subdivision and Site Plan approvals.
Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1, thereby approving the Final Plat for Dauntless Subdivision,
9t" Addition.
Attachment A
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Attachment B
Proposed Final Plat of Dauntless Subdivision, gth Addition
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Attachment C
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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