HomeMy WebLinkAboutA006 - Council Action Form dated April 14, 2015 ITEM # 51
DATE: 04-14-15
COUNCIL ACTION FORM
SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR WESTAR SUBDIVISION
BACKGROUND:
Property owner, E. A. Hunziker Development, L.L.C, is requesting approval of a final
plat for a minor subdivision of 6.02 acres of land within the Westar Subdivision located
on Todd Drive in west Ames (Attachment A). A minor subdivision includes three or
fewer lots and does not require additional public improvements, except sidewalk
and street trees. 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.
The proposed plat (Attachment B) divides an existing 5.8 acre lot, Lot 2 of QuikTrip
Subdivision, into two lots. The property is currently under construction with three of the
five apartment buildings that were approved in December of 2014 through a Minor Site
Development Plan. Attachment C shows the approved layout of the buildings on the
property with the proposed new lot line identified. This minor subdivision does not
modify the approved Minor Site Development Plan for property.
No public improvements are required for this subdivision as the site is bounded on four
sides by improved public streets and has utility services to the site. The applicant plans
to install the required 4-foot sidewalk along Todd Drive and Alcott Avenue and has
requested a sidewalk deferral agreement for their installation until construction of the
first building on each lot.
Included on the plat are easements for existing and recently completed public utility
improvements. Both lots within the proposed plat have access to Todd Drive and an
existing easement provides for secondary access for Lot 2 north out to Lincoln Way.
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. Staff notes that on this same agenda are proposed Subdivision Code text
amendments regarding sidewalks specifications. These amendments would not apply
to this project as the final plat would be approved prior to ordinance being approved and
published.
ALTERNATIVES:
1. The City Council can take two actions to approve the Final Plat:
A. Waive the subdivision code requirement for financial security for sidewalks
and street trees in the Westar Subdivision, since the Developer has signed the
"Agreement for Sidewalk and Street Trees" requiring the installation of these
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improvements prior to occupancy of a building or within 24 months of issuance of
a building permit, whichever occurs first; and,
B. Approve the Final Plat of Westar Subdivision, based upon findings that the
Final Plat conforms to relevant and applicable design standards, ordinances,
policies, and plans.
2. The City Council can decline to waive the financial security and installation
requirement for sidewalks and refer this request back to the applicant to provide the
financial security prior to approval of the final plat.
3. The City Council can deny the final plat for Westar Subdivision if the Council finds
that the proposed subdivision does not comply with applicable ordinances, standards or
plans.
MANAGER'S RECOMMENDED ACTION:
The proposed final plat for Westar Subdivision 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. No public improvements
are required beyond sidewalks and street trees.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1.
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Attachment A
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Attachment B
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Attachment C
Approved Minor Site Development Plan
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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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