HomeMy WebLinkAboutA001 - Council Action Form dated March 4, 2014 ITEM # 13
DATE: 03-04-14
COUNCIL ACTION FORM
SUBJECT: MINOR FINAL PLAT FOR AUBRY SUBDIVISION
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 a 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.
Property owner Thomas Aubry is requesting approval of a final plat for a minor
subdivision of the 2.19 acres of land located at 1519 Top-O-Hollow Road (see
Attachment A). This property currently includes two parcels of unplatted land with each
being approximately 1.1 acres in size. One of the existing parcels has street frontage
and includes a single-family dwelling built in 1957. The other parcel has no frontage on
a public street and is an unbuildable lot without approval of this plat to establish a
minimum of 35 feet of street frontage.
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 0.74 acres, and is
developed with the existing single-family detached home. Proposed Lot 2 includes 1 .46
acres, and is planned for the future construction of a single-family detached home. Lot 2
is configured as a "flag lot, ' and includes an access strip, 35 feet wide, that provides
frontage onto Top-O-Hollow Road.
Proposed Lot 1 is presently served with public utilities. and public utilities are in place to
serve proposed Lot 2. Service lines for water, sewer and electric can be extended from
public mains along Top-O-Hollow Road through the access strip to serve the back lot.
Sidewalk is required for this residential subdivision, as well as the installation of street
trees, prior to the issuance of an occupancy permit for a house on Lot 2.
The property owner is requesting that the City Council approve deferment of the
installation of public sidewalk in the public right-of-way for Top-O-Hollow Road
(see Attachment C). The applicant requests this deferral because of the lack of
sidewalks along the north side of Top-O-Hollow. A deferment for the installation of
sidewalks may be granted by the City Council when topographic conditions exist that
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make the sidewalk installation difficult or when the installation of sidewalk is premature.
Where the installation of sidewalk is deferred by the City Council, an agreement is to be
executed between the property owner/developer and the City that will ensure the future
installation of the sidewalk. The deferment agreement is to be accompanied by a cash
escrow, letter of credit, or other form of acceptable financial security to cover the cost of
installation of the sidewalk.
The applicant has provided financial security, in the form of cash, in the amount of
$2001. This security will be held in escrow for the future installation of the sidewalk.
The City may use this money to pay for a sidewalk project at a future date, or the
property owner may choose to complete the sidewalk installation and request return of
the financial security upon completion. The applicant has also requested the typical
deferral of street tree installation until the time of construction and occupancy of the new
home or within 24 months of the final plat, whichever occurs first. An "Agreement for
Installation of Street Trees and Deferment of Sidewalk Installation with Thomas I. Aubry
and Carla R. Aubry for 1519 Top-O-Hollow Road and 1525 Top-O-Hollow Road" has
been signed by the property owners and returned to the City.
Alternatively, City Council could choose to not grant the sidewalk deferment and not
accept the cash in escrow payment. If this occurs, a sidewalk would be required to be
constructed within 24-months of the final plat or the construction and occupancy of the
new home, whichever occurs first. This approach is the typical sidewalk improvement
agreement for most new subdivisions where complete deferment is not warranted.
Except for the request for deferral of sidewalk, 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:
A. Grant approval of the request to defer the installation of sidewalk along Top-
O-Hollow Road with cash in escrow; and
B. Approve the final plat of Aubry Subdivision, based upon the findings and
conclusions stated above.
2. The City Council can:
A. Deny the sidewalk deferment with cash in escrow and require installation of
a sidewalk within 24 months of the final plat, or prior to occupancy of a new
home, whichever occurs first; and
B. Approve the final plat of Aubry Subdivision, based upon the findings and
conclusions stated above.
3. The City Council can deny the final plat for Aubry Subdivision 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 Aubry 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. Granting of the
request to defer the installation of sidewalk is supported by staff, since presently there is
no sidewalk to connect to on either side of the proposed subdivision. Financial security
in the form of cash escrow for the cost of sidewalk installation provides the City with the
needed assurance that the sidewalk can be installed by the City at the appropriate time.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the Final Plat for Aubry Subdivision and granting the
request for deferral of sidewalk installation.
Attachment A
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Subject Property
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T O P O H O L
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Location Map ctwOF
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=- Aubry Subdivision
:; 1519/1525 Top-0-Hollow Rd.
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Attachment B
Proposed Final Plat of Aubry Subdivision
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R. BRADLEY STUMDO P.O. 80x 1664 a.MES. MWA 50010 515-233-3689
FINAL PLAT
AUBRY SUBDIVISION
WE CO.EP-
SEI/4. Nwf/4
SEC. 27-1f4-24
FOUND Pe NAIL 3.
PROPERTY DESCRIPTION: ;a
A put oT the Southeast Quarter of the Northwest 01 ter of StCtlon 27. TOwnihlp 94 NOrth. Range 24"n
of the 5th P.N City dl Aets. Story .County lOwa. deaCr 10a0 in d Warranty Oted tiletl at In6t. N0. 12-06085. '
and bxinp Gore current ly tleacrf0ed ea follows: Be9lnnin9 at a point M tONr 5puth ]ina of ,aid Northwest
Quarter. 197,58 feet Mast of the Center Of Said$action 27; thence S89'38'12'M. 132.42 Tast a1nnQ sew Iine:
thence M00400'1T'M. 329.70 Text: thence S13B'3922'W. 49.35 Test: thence 408'27'06'E. 335.13 feat; in.JK.
N88'a0'f0'E. f32.30 fast: that[.S00'01'09-E. 659.99 feet to The point of beginning. cdntaininq 2.19 acres_ ..
.nice fnc hides 0.10 acres Of existing public right of way.
-STATE PLANE FO1lla1 5/8'PE9AR
COOf�INAIES w/YELLOW CAP
N- .2 ae 7>6 {IYPICALI -
E-4gBSi70.as `.
k Nag'40'Sa'E 197.77 '
NOTE: O.80 40'10'E 132.3p e
Soil OOrings ere reOUYred In areas within this plat whlCh nave iOUW f-1/4 PIPE
Dean Identified OY the Cfty Of Aata e,navirp SOS I3 that sake a t/5E0. 6 FO 5R LINE SOUTH
. OF COWER
COostruction Of Dui143n96 d1f I...it.
LEGEND
PROPERTY BOUNDARY
SECTION LINE
STREET CENTERLINE
RIGHT OF MAY LINE - - - - - - - - -
EASEMENT LINE
BUILDING SETBACK LINE - - - - .. - - - - -
F000ND IRON PIN FOU OR ND
AS NOTED�TEO _
SSET 112
ET NAG NRIBAR W/YELLOW CAP a17161 0 Q,
LOT 2
633B1.B8 S.F.
1.4E ACRES 70TAL
0.03 ACRES ROAD
1.43 ACRES NET
_5a'S TOP 0 HOLLOW ROAD $ _
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OWNER/DEVELOPER �; Nea•39'121
97.
THOXAS '. g CARLA A. Ali9Pf
1519 TOP 0 ROLLOw ROAG Sf18'39'32"N ^
AWES, IOWA 50010 95 yp,
COMEA FALLS
IN TYRE-NOT
SET
a oft -J mp
it 666
i 1519
Top O HOLLOW
1 ROAD PIPE
FLW 0-63'H.3/4'PIPE_ j USED'N. OF COHORT
0,10'E i 0 7a' USED FOR LINE NORTH
_ .. .. _ IT
01 n 91.41' _ ... ....r.....JT- ggg1 'Y 132.42 _SBA 59 f7'w 797 Sa'
�,._ _.... __._...._ .�. .5l0'39 12 r 11i6.fle• ,.,.. ....:-. ;
-NOT S L
tk71aEA COWER FALLS 1H CENTER
!
TOP 0 HOLLOW ROAD NN SD ET SEC,n-a4-24
��4n 84 24 (68' PUBLIC RIGHT OF MAY) STATE
1Fi/a'IILLL gB"VE
FOUND WAS NAIL -34a366g.90 CAP
E -4995662.56
Certlfltanon: I hereby Certify that this land S""Y" spLEY Sr
docuetnt eras 0reparao and the elated surrey work "S p.rf Dl-U 0P CUE L
STUMBO d A550GIATES 0Y or under ay direct Dersonel SUP rvl$%On and tnet I sae Lt OHO "i90
duly Ilc r.ensed Land Sdr yor ewer the Iaw3 of the State of Iowa.
LAND 50R\/EYENG g17161
510 S.11TH STREET,5+:TE x!02
,NNEy fp,W 5pp�p Brad S-ey uotlastep LlCenst a1716f
PH.Sf}29a-96B'1 FA%5i5233-440.3 NY license r.=I date /s Otc@nWer 31. 2015 i�4? '
Job.1a33 Date; 2/25/14 Page f of 1
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Attachment C
Request by Property Owners for Deferral of Sidewalk Installation
February 10,2014
Thomas&Carla Aubry
1519 Top O Hollow Rd.
Ames,IA 50010
To Whom it May Concern,
Our intention is to subdivide our current property into two Lots. This creates a minor subdivision and
therefore is subject to municipal codes regarding sidewalks in the rght of way Isee Section
23.403(14)(a)(i)of the Municipal Code). Since there are no public sidewalks currently on the north side
of the street(Top 0 Hollow),we intend not to have them installed at this time.
Our request is that you grant a deferment agreement for 132,42'of public sidewalk installation.
Regards,
Thom
-z
--
ICa'rl Aubr
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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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Ames Municipal Code Section 23.403(14)(a)(i) states as follows:
(14) Sidewalks and Walkways.-
(a)(i)-. A deferment for the installation of sidewalks may be granted by the City
Council when topographic conditions exist that make the sidewalk
installation difficult or when the installation of sidewalk is premature. Where
the installation of a sidewalk is deferred by the City Council, an agreement
will be executed between the property owner/developer and the City of
Ames that will ensure the future installation of the sidewalk. The deferment
agreement will be accompanied by a cash escrow, letter of credit, or other
form of acceptable financial security to cover the cost of the installation of
the sidewalk.
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