HomeMy WebLinkAboutA011 - Council Action Form dated January 27, 2015 bo h of re cc-y-d uti
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0 f s ITEM # 25
DATE: 01-27-15
COUNCIL ACTION FORM
SUBJECT: RURAL MINOR SUBDIVISION FINAL PLAT FOR CHACAGUA BEND
SUBDIVISION ON WEST RIVERSIDE ROAD
BACKGROUND:
The property owners of 569 W. Riverside Road, Dean Roosa and Carol Jacobs Peck,
are requesting approval of a final plat for Chacagua Bend Subdivision in unincorporated
Story County (see Attachment A). The subdivision lies along W. Riverside Road, south
and east of the Skunk River. It proposes three lots and two outlots (see Attachment B).
The owners requested a waiver of the Design and Improvement Standards and
the density requirements on June 24, 2013 (se Attachment C). The City Council
referred this letter to staff on July 9, 2013.
This land is located within the Rural Transitional Residential designation of the
Ames Urban Fringe. The owner is seeking waivers of the City's Design and
Improvements Standards as no public infrastructure is available. The owner is
also seeking a waiver of the requirement to prepare a preliminary plat. In addition,
the owner is seeking a waiver of the density requirements of between 1.0 and 3.75
dwelling units per acre.
A proposed subdivision is classified as either a major or minor subdivision, with a minor
subdivision needing no public improvements and creating no more than three lots.
Otherwise, it is a major subdivision requiring a preliminary plat. A minor subdivision
requires no preliminary plat review, needing only final plat approval by the City Council.
A preliminary plat, if required, would show the installation of the infrastructure meeting
the Design and Improvements Standards (Division IV of the Ames Subdivision
Regulations) and also would include topography information. Upon approval of a
preliminary plat, a final plat is then prepared for Council approval. Story County will also
be required to approve the final plat subsequent to action by the City of Ames. Further
discussion of subdivision requirements is included in the Addendum.
The City's subdivision regulations apply to any division of land within the incorporated
City limits and within the Urban Services and Rural/Urban Transition areas of the Ames
Urban Fringe Plan (within 2 miles of the City). These subdivision regulations require that
all City infrastructure be installed or financial security provided prior to the approval of a
final subdivision plat, unless waived by City Council.
The City Council policy has a policy that any request for a subdivision in the Fringe be
accompanied by three covenants that will facilitate future annexation of the
development and installation of infrastructure. The covenants include agreeing to
annexation at a future date at the City's request, agreeing to cover any costs associated
with the buyout of rural water, and agreeing not to contest future assessments for the
installation of public improvements. The property owner has signed and agreed to
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the City's standard covenants in support of their request for waiver of
subdivision infrastructure requirements in the Fringe.
Density Calculation. The gross acreage of the proposed plat is 8.42 acres. However,
the land includes considerable flood plain, steep slopes, drainage easement, greenbelt
and conservation easement, and forest reserve constraints on the property. By
removing those areas from the density calculation, as allowed by the Subdivision Code,
the net developable area of this subdivision is 3.6 acres, resulting in an overall density
of 0.83 dwelling units per acre with three lots. This is below the Rural Transitional
designation density range of 1.00 to 3.75 dwelling units per acre. The property
would need to be divided into four lots to meet minimum net density
requirements.
Lots 1 and 2, alone, meet the Rural Transitional density requirement by achieving 1.35
units per acre. The larger lot, however, contains numerous outbuildings and there is no
lot pattern with frontage on West Riverside Drive that can meet the minimum density
standard without requiring the demolition of usable accessory structures. Creating a flag
lot under County zoning standards would create setback issues with the existing
garage. Because of the constraints caused by these existing structures, the
owner is seeking a waiver of the density standards to allow the density of 0.83
dwelling units per acre.
ALTERNATIVES:
1. The City Council can take the following actions as requested by the property owners:
A. Waive the Subdivision Code requirements for the preparation of a preliminary
plat,
B. Waive requirements for installation of infrastructure, and accept the three
covenants signed by the property owner for future annexation, water service, and
participation in an assessment district,
C. Waive the density standards requiring between 1.0 and 3.75 dwelling units per
net acre to allow a density of 0.83, and
D. Approve the final plat of Chacagua Bend Subdivision based upon the analysis of
staff as stated above.
2. The City Council can deny the final plat for Chacagua Bend Subdivision if it finds
that the development is inconsistent with the Ames Urban Fringe Plan or Subdivision
Code for meeting the required minimum density of Rural Transitional.
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 Major Subdivision. City Council must approve, approve
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subject to conditions, or disapprove this Final Plat application no later than February
10, 2015 to meet this deadline.)
MANAGER'S RECOMMENDED ACTION:
Staff has evaluated the proposed final subdivision plat (see Addendum) and determined
that, with the granting of the requested waivers of the Design and Improvement
Standards, of a preliminary plat, and of the density standard, the proposal conforms to
the adopted ordinances and policies of the City of Ames.
The waiver of the Design and Improvement Standards is consistent with past practices
in Rural Transitional Areas of the Ames Urban Fringe provided the covenants have
been signed. These covenants will allow the City to later annex these lands with costs
for water and other infrastructure borne by the annexed property owners.
A preliminary plat is required when there are more than three lots and when public
infrastructure is required to be installed. This subdivision is proposing five lots, of which
two are unbuildable outlots. The two outlots are a requirement of Story County
standards and have no bearing on the net density or buildable area of the property. In
this circumstance, with no infrastructure required, there is not a substantial benefit to
requiring a preliminary plat. The City Council has, on occasion, approved a waiver of the
preliminary plat requirement for rural subdivisions greater than three lots if no public
improvements are required.
The layout of the subdivision takes into account the constraints of the site for access,
existing site improvements, and natural constraints. The waiver request does not
appear to inhibit the development of a large area of land from meeting the density
interests of the Fringe Plan. There is a one lot difference under the net density
calculations between the minimum density and what is proposed. While the Fringe Plan
may allow for up to 14 lots on the overall site, County zoning only would permit
approximately 6 lots.
In this situation, a fourth lot could not be created out of the existing home site lot
without demolition of accessory buildings. Without the fourth lot, the design and
layout of the subdivision is slightly below the intended density range of the
Fringe Plan. The City Council can grant a waiver of these standards if it finds no
reasonable alternative exists to create additional lots and that the public interest
is not jeopardized. The only other identifiable alternative to demolishing a
structure would be to build a short private street to create lot frontage for a
minimum of three new lots and to keep one large lot for the existing home site.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 as described above, waiving Division IV of the Subdivision Regulations,
waiving the requirement for a preliminary plat, waiving the density standards, accepting
the three covenants for recording, and approving the minor final plat.
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ADDENDUM
Applicable Laws and Policies. All subdivisions within the Ames Urban Fringe are
subject to all the requirements of the Code of Iowa Chapter 354 and the Ames
Subdivision Regulations (Chapter 23 of the Ames Municipal Code). Portions of these
codes are found in Attachment D. The Ames Urban Fringe Plan and accompanying 28E
Implementation Agreement state that the City will waive its authority in Rural Service
and Agriculture Conservation Areas of the Plan and the County will waive its authority in
areas in Urban Reserve Areas. However, both jurisdictions retain authority in the
Rural/Urban Transition Areas, as is the case for this subject property. Story
County will review the final plat subsequent to the City of Ames approval.
This subdivision is required to meet the Design and Improvement Standards (Division
IV) of the City's Subdivision Regulations unless specific waivers are granted by the City
Council. In this case, the applicant is requesting a waiver from the City Council for all
portions of the Standards. If granted, the subdivision would meet Story County
standards for services and infrastructure. The applicant is also requesting a waiver of
the requirement for the preparation of a preliminary plat. If granted, the City Council
could approve the final plat. If not, action on the final plat would have to be deferred and
the owner would need to prepare a preliminary plat for review by the Planning and
Zoning Commission and action by the City Council at a later date.
Streets, Sidewalks, Utilities, and Easements. With the waiver granted by the City
Council regarding the installation of infrastructure, the subdivision will be required to
meet Story County requirements for water and on-site septic systems. The proposed
plat includes public utility easements to accommodate any future sanitary sewer or
water service to all the lots. All the buildable lots front on a public right-of-way and will
be able to connect in the event of the installation of that infrastructure.
No new streets are proposed for this subdivision as all lots will front on an existing
paved road (W. Riverside Road). The County does not require sidewalks for platting or
for building permits. No sidewalks are proposed for this subdivision.
Access to Lot 3 will remain as it currently is. Access to Lots 1 and 2 will be a shared
driveway between the two lots. This satisfies the County's requirements for safety and
spacing.
The City has obtained the three covenants required for development in the Ames Urban
Fringe. These covenants require the property owners (both current and subsequent) to
seek annexation at the City's request, to agree to pay any special assessments
associated with providing City infrastructure following annexation, and to pay any costs
associated with the buyout of rural water service. With these covenants and easements,
City staff sees no obstacle to the provision of services (sanitary sewer, water,
sidewalks, etc.) if the area is annexed.
Preliminary Plat Requirements. A preliminary plat is required for any subdivision that
needs the installation of public infrastructure (except sidewalks) and/or has more than
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three lots. A preliminary plat includes information on the location of proposed sanitary
sewer, storm sewer, water, and streets. It also includes topography information.
This plat was originally intended to include just three lots which, if the City Council
approved the waiver of infrastructure, would not require a preliminary plat. However, the
County required the creation of two outlots so that Lots 1 and 2 would meet the required
width to depth ratio of the Story County subdivision standards ("the depth shall not be in
excess of three times the width"). The two outlots are always to be conveyed with the
adjacent platted lot through a plat restriction. The outlots lie entirely within the forest
reserve boundary and have no impact on density calculations. Staff can find no benefit
to requiring the creation of a preliminary plat and support the requested waiver.
Other considerations. Lots 1 and 2 are zoned by Story County as R-1. This allows
single family dwellings with individual septic systems and wells on 25,000 square foot
(0.57 acres) lots. Most of Lot 3 is zoned A-1, which allows single family dwellings on
individual septic systems and wells on a 1.00 acre lot. This equates to a maximum
development potential of approximately 6 buildable lots
The remainder of the subdivision, along the Skunk River corridor, is zoned Greenbelt-
Conservation. This district allows some agricultural and forestry uses but no structures.
(Story County allows lots to be split by zoning district, the land being subject to each
district's regulations. Ames allows lots to be split by zoning district but the entire lot is
subject to whichever is the more restrictive zoning district.) Since this site is in the
county, it is regulated by Story County zoning standards.
The adjacent Skunk River lies within the Special Flood Hazard Area (SFHA), as
identified on the FEMA Flood Insurance Rate Map. This zone includes the Floodway
and Floodway Fringe. However, no portion of the buildable area of each lot lies within
that SFHA.
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ATTACHMENT A: LOCATION AND URBAN FRINGE DESIGNATION
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ATTACHMENT B: FINAL PLAT [TWO PAGES]
R. BRADLEY STUMBO P.D. BOX 1664 AMES. IOWA 50010 515-233-36B9
FINAL PLAT
HIM CORNER CHACAGUA BEND SUBDIVISION WE CORNER
SEC. 23-84-24
FOUND NAG NAIL FOUND NAS
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1�- FOUND 1/2'
RE13AR W/
ri �js. YELLOW CAP
N84"24'59"E 0 31'
0.36' SKUNK RIVER
a y
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rasr:it.• _ g'OIJiLQT,B 1f2.97 SooR�O HATES N85*10'31"W
0.32 ACRES e
41.67'
ORAIN4GE EgSEMEN�g0UN0ARV` 0.33 AC_S _
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LOT 3 _-.___.......... ',
238707.51 S.F.
r;'ri m • ! 5.48 ACRES TOTAL
a u, 1O 1 0.66 ACRES ROAD ty 6
4.52 ACRES NET yyy t-<I-
( 569 W. RIVERSIDE ROAD ,ty o $'00
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` - -•- �" SEt Op�K-� SNARED ACCESS. - - -
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HE CDR. LOT I
ALIO. PLAT
RIVERSIDE HEIGHTS;
OF TO/EBT21ASH \\
CORNER IN ROAD LET
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STATE PLANE—
COORDINATES
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W J NOTES:
f. LOTS 1 6 2 LIE ENTIRELY IN FLOOD ZOME X OUTSIDE THE 0.2X ANNUAL CHANCE FLOOOfLAIN.
2. OUTLOT A IS TO BE CONVEYED WITH LOT 1 AND OUTLOT B IS TO BE CONVEYS°WITH LOT 2.
3. LOTS
1 6 2 LIE ENTIRELY WITHIN THE RS pE9IDENTIAALL�� ZONING DISTRICT.
g 4. OUTLOTS A 6 B LIE ENTIRELY WITHIN THE BREENBELT/COILRERIVATION ZONING DISTRICT.
S. LOT 3 LIES IN
a. RH bAS GREENBELT
/CERVATION DISTRICTS.
THE LAND AREA ONTHE PLAT ASFONEEST RESERVE BOUNDARY SHALL RETAIN ELIGIBILITY
AND ENROLLMENT IN THE STATE FOREST RESERVE PROGRAM.
O- SET 1/2' REBAR W/YELLOW CAP#17161
X- CUT 'X' IN CONCRETE
SW CORNERS GRAPHIC SCALE 1'-100'
SEC. 23-84-24 OWNERS/DEVELOPERS: BE CORNER LOT 5
CORNER FALLS IN DEAN ROOSA 6 AUDITOR'S PLAT OF
RIVER-POSITION CAROL JACOBS PECK RIVERSIDE HEIGHTS
PREVIOUS SURVEY 0 100 200 300 FauNO 1/2' REBAR
Certification: I hereby certify that this land surveying HOLEY S>
document was prepared and the related survey work we performed
5TUM60 S A550CIATE5 by ye or under my direct ypera0nal Bupervls3on and that I em a Su O
duly licenaed Lend Surve or under the laws of the State of Iowa. ?'
LAND 5MVEYINC7 17161
510 5.17TH STREET,SUITE 0102 Date:
5050 a ey u o cense
PH.3N}�-9fi69 •FAX 615-235-4403 Ny license renewal tlate is Oecembar 3S. 2015 ZaA
Job e16709 Date: Of 19 15 Pa go f of 2 L
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Page 2 of 2
Job#16708
Survey Description-Chacagua Bend Subdivision:
All that part of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter,lying South of the Skunk River,
and all that part of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter,lying North of the county
road,as formerly located,all in Section 23,Township 84 North,Range 24 West of the 5 h P.M.,Story County,Iowa,all
together being more particularly described as follows:Beginning at the Northwest Comer of Lot 9 in Purvis Subdivision in
the East Half of the Southwest Quarter of said Section 23,said point being in the centerline of West Riverside Road,as
formerly located;thence following said former centerline N88"05'12"W,209.54 feet to the beginning of a curve tangent to
said line; thence westerly and southwesterly,185.98 feet along the curve concave to the south,having a radius of 260.43
feet,a central angle of 40°54'59"and being subtended by a chord which bears S71°27'18"W,182.05 feet;thence
S50"59'48"W,244.95 feet,tangent to said curve;thence departing said former centedine N51"09'01"W,99.70 feet to the
West line of said Section 23;thence N00"10'48"E,681.65 feet along said line to the centerline of the Skunk River,as
established by prior survey;thence following said line N84°24'59"E,0.36 feet;thence S85"10'31"E,444.00 feet;thence
S71"31'08"E,221.92 feet to the East line of said Southwest Quarter of the Northwest Quarter of the Southwest Quarter,
thence S(10"42'55"W,431.50 feet along said line to the point of beginning,containing 8.42 acres,which includes 1.08
acres of existing public right of way.
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ATTACHMENT C: REQUEST FROM OWNERS
Ames City Council 24 June 2013
PO Box 811
515 Clark Avenue
Ames,IA 50010
Re:Request waiver from Design and Improvement Standards of Ames Subdivision Regulations
In reference to a proposed 3-lot subdivision of the following property
Property ID 05-23-310-100
Property Address 569 W RIVERSIDE RD
AMES
Sec-Twp-Rnp 23-8424
Brief Taff Description 84 SECTION:23 RANGE:24 W1/2 NW SW SOUTH OF SKUNK RIVER&NORTH OF COUNTY ROAD
Please consider our request for
1. a waiver from the Design and Improvement Standards of the Ames Subdivision
Regulations.The proposed subdivision is not provided with city services of sanitary
sewer and water and would thus be classified as a major subdivision requiring submittal
of preliminary plat to show how necessary infrastructure would be supplied. It is,
however,within the Ames Urban Fringe in an area not expected to be annexed to the city
or provided with city services within the foreseeable future.We ask that the City Council
grant waivers for the infrastructure in order to allow the subdivision and,thus,allow us to
seek approval of a minor subdivision without the installation of the sanitary sewer and
water.
2. Due to restrictions of siting,slope and having portions of the property falling in the Story
County GB/C Greenbelt Conservation district we also request a waiver from the strict
application of the density standards(between 1.00 and 3.75 dwelling units per acre).
We appreciate your consideration in this matter.
1�7. eOz�'�
Dean M.Roosa
Carol Jacobs
569 W Riverside Rd
Ames,IA 50010
515-450-4929
ci associates95(abaol.com
cc:Charlie Kuester,Planner
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ATTACHMENT D: APPLICABLE LAWS AND POLICIES PERTAINING TO
FINAL PLAT APPROVAL
Adopted laws and policies applicable to this case file include, but are not limited to, the
following:
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.
Code of Iowa, Chapter 354.9 states in part:
2. If a subdivision lies in a county, which has adopted ordinances regulating the
division of land, and also lies within the area of review established by a city
pursuant to this section then the subdivision plat or plat of survey for the division
or subdivision shall be submitted to both the city and county for approval. The
standards and conditions applied by a city or county for review and approval of
the subdivision shall be the same standards and conditions used for review and
approval of subdivisions within the city limits or shall be the standards and
conditions for review and approval established by agreement of the city and
county pursuant to chapter 28E. Either the city or county may, by resolution,
waive its right to review the subdivision or waive the requirements of any of its
standards or conditions for approval of subdivisions, and certify the resolution
which shall be recorded with the plat.
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Ames Urban Fringe Plan Excerpt:
Rural Transitional Residential (RTR)
Areas designated Rural Transitional Residential are located in areas where urban
infrastructure may not be in place for a time period beyond the Ames Urban Fringe Plan
planning horizon. Rural Transitional Residential development is designed to transition
seamlessly into adjacent rural residential and agricultural land use, providing buffers
where necessary to separate residences from particularly intense or noxious agricultural
activities. Residential densities with this designation are between rural densities and
urban densities.
RTR Policy 1: This land use designation includes all single-family and two-family
residential land uses/developments that involve average net densities between
one unit per acre and 3.75 units per acre. (Relates to RUTA Goal 3.2)
RTR Policy 2: Strategically locate Rural Transitional Residential land uses in
areas where they can provide for an orderly and efficient future transition
between land uses within the likely future extent of municipal limits and the
unincorporated area. (Relates to RUTA Goal 3.2) Ames Urban Fringe Plan 30
RTR Policy 3: Encourage clustering of residential sites within these land areas to
limit the short-term and long-term costs associated with infrastructure
improvements and the distribution of public services. (Relates to RUTA Goal 3.2,
3.4)
RTR Policy 4: Depending on location, density of units, size of lots, timing of
development, development design, clustering of proposed sites, or other
considerations, require full urban infrastructure standards. If the City does not
require these improvements to be installed at the time of subdivision, require
infrastructure assessment agreements. (Relates to RUTA Goal 3.2, 3.3, 3.5)
RTR Policy 5: Any decentralized wastewater treatment facilities, wells and
supporting infrastructure shall meet IDNR, county, and city standards. Other
rural development standards may be acceptable on a case-by-case basis.
Require agreements that if and when the property is annexed to a city, the land
developer and/or landowner shall be responsible for the full cost of abandoning
the rural systems and connecting to urban infrastructure. (Relates to RUTA Goal
3.2, 3.3)
RTR Policy 6: Make provisions to protect environmental resources,
environmentally sensitive areas and adjacent Natural Areas. (Relates to RUTA
Goal 3.4)
RTR Policy 7: Require annexation agreements and developer agreements in
instances of new development that is particularly intense, or that occurs in certain
critical locations. (Relates to RUTA Goal 3.2)
RTR Policy 8: Mitigate and manage stormwater run-off, soil erosion, and
wastewater discharge according to IDNR and city standards. (Relates to RUTA
Goal 3.4)
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Ames Municipal Code Section 23.302
(10) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to theCity Council for review and approval.
Upon receipt of any Final Plat forwarded to it for review anti approval,the City Council shall examine the Application
Form,the Final Plat,any comments,recommendations or reports examined orrilade by the Department of Planning and
Housing,and such tither information as it decins 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 standard,,.to the Citys Land Use Policy Plan and to the City's other duly adopted plans.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such subdivision
will create such a burden on existing public improvements or such a need for new public improveintuits that the area of
the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy
Plan or other capital project or growth management plan of the City until such time that the City upgrades such public
impiovenients in accordance with schedules set forth in such plans-.or,
(ii) approve any subdivision subject to the condition that the Applicant contribute to so
much of such upgrade of public improvements as the need for such upgrade is directly and proportionately attributable
to such impact as deterrilined at the sole discretion of the City. 'rhe terms,conditions and amortization schedule for such
contribution may be incorporated within an Improvement Agreement as set forth in Section.23.304 of the Regulations.
(d) Prior to grantingapproval of a major subdivision Final Plat,the City Council may permit the
plat to be divided into two,or more sections and may impose such conditions upon approval of each section as it deems
necessary to assure orderly development of the subdivision.
(c) Following,! such examination., and within 60 days of the Applicant's filing of the complete
Application for Final Plat Approval of a Major Subdivision with the Department of Planning and Housing. the City
Council shall approve,approve subject to conditions.or disapprove the Application ffir Final Plat Approval of a Major
Subdivision, file City Council shall set forth its reason,, for disapproving any Application or for conditioning its
approv al 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 filer any Application that it approves.
(Ortf. No. 3524. 5-25-99)
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