HomeMy WebLinkAboutA004 - Council Action Form dated May 26, 2015 ITEM # 41
DATE: 05-26-15
COUNCIL ACTION FORM
SUBJECT: MINOR SUBDIVISION FINAL PLAT WOODBRIDGE SUBDIVISION
PLAT 3
BACKGROUND:
Karin and Rand Sevde, property owners, are requesting approval of a Final Plat for a
Minor Subdivision for the property located at 2013 Oakwood Road (See Attachment A).
A Minor Subdivision allows for filing of a Final Plat with the need of a Preliminary Plat.
This is permitted when the subdivision does not require installation of public
infrastructure, with exceptions of sidewalks, and there are less than three lots created
by the plat. The proposed Final Plat divides Lot 2 of Woodbridge Subdivision Plat 2 into
two lots (Lot 1 and Outlot A) in the "HOC" (Highway Oriented Commercial) zoning
district (See Attachment B). Full frontage improvements exist along University
Boulevard. Oakwood Road is a rural street section that was not required to be improved
at the time of the original subdivision, with the exception of a deferral agreement for
sidewalks.
The applicant proposes to subdivide the existing Lot 2 of Woodbridge Subdivision Plat 2
into two lots. Attachment B shows the subject site with the division of property, as
requested by the owner. A total of 2.36 acres are included in the plat. Lot 1 will be a
developable lot of 1.56 acres and Outlot A is intended to be a private street that
includes 0.80 acres. Outlot A will contain the existing private drive that serves the
abutting five properties and 55 foot wide Private Access and Utility Easement. The
proposed Lot 1 will not have direct access to University Boulevard or Oakwood Road
and will continue to rely upon access from the proposed Outlot A
The original subdivision of the area created lots with frontage along University
Boulevard and Oakwood Road. Access to each of the lots in the subdivision is restricted
to one shared common access point from University Boulevard and Oakwood Road.
Access from Oakwood Road was originally part of the lot area of the subject site and
restricted as a private driveway with cross access easements to serve all of the lots.
Access to University Boulevard was configured similarly with a private driveway and
easements as part of individual lots. Each of the existing lots are addressed from
University Boulevard as this the only recognized street serving each of the lots.
The applicant proposes to create Outlot A, which is intended to consist of just the
private street for the abutting five lots, covered by the entire 55' private access
and public utility easement and therefore not a developable lot. Typically under the
Subdivision Code, a street would be placed in a separate lot and then when all public
improvements were completed for the subdivision, the street lot would be dedicated to
the City as public right-of-way for continued maintenance of the public street. The street
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construction would be required to meet the City's minimum design and improvement
standards before such street is accepted by the City. Requirements include minimum
pavement specifications, sidewalks, etc. to meet city standards. In this case, the drive
was originally built as a private driveway with an access easement on a private lot and
did not meet the minimum street standards at the time of installation.
Being the applicant is requesting that the drive be located in a separate lot and it
does not meet City standards for a public street, staff would considered it a
private street However, the Subdivision Code is silent on the allowance of private
streets or any minimum standards that should be associated with such streets. A
private commercial street is a unique proposal in Ames as staff has not identified a
similar existing situation where a common driveway is a separate outlot. The parking
lots in Somerset are separate parcels and the closest example to this proposal. The
applicant does not propose for the City to take over maintenance of the Outlot A
and it will continue to be the maintenance responsibility of the abutting property
owners in accordance with the cross access and maintenance agreements that
are in place for the current use of the driveway.
Staff has considered the proposed Outlot in regards to "lot" requirements of the
Subdivision Code rather than as a street improvement standard. Staff has made this
determination of which standard to apply based upon each of the abutting properties
meeting public street frontage requirements without Outlot A becoming a formal street
to meet lot standards.
A sidewalk deferral agreement was enacted in 2004 with the original Woodbridge
Subdivision and amended in 2008 which required that sidewalks be installed at such
time as sidewalk connections were made to the site or when deemed necessary by the
City. A financial security was required to secure the installation of such sidewalk at a
later date. A total of $8,162 is currently held in cash escrow by the City for the
installation of sidewalk for the two existing lots that front on Oakwood Road (Lot 1
Woodbridge Subdivision and Lot 2 Woodbridge Subdivision, Plat 2).
Staff has determined that the total security currently held in escrow is not
sufficient to cover the total cost to install 4-foot wide sidewalks for the 583 lineal
length of frontage required under the original sidewalk agreement. Therefore, staff
has requested that an amended agreement be signed with this Minor Subdivision for
continued deferral of the sidewalk with an increase in the total security from $8,162 to
$17,490 ($9,328 additional) to allow for future sidewalks along the Oakwood Road
frontage and required access ramps for crossing of the private street on Outlot A.
Section 23.403(14) of the Municipal Code allows for City Council to grant deferment of
sidewalks with financial security when installation is considered premature rather than
installing sidewalks or bond for sidewalks at the time of the final plat.
Full utilities exist to serve this proposed new Lot 1. No new public improvements are
needed at this time, if Council agrees to the continued deferral of the sidewalks with the
amended sidewalk deferral agreement. As part of the City's roundabout project at the
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intersection of Airport Road and University, the City may need to acquire easement
rights for the southeast corner of Lot 1 in the future.
ALTERNATIVES:
1. The City Council can approve the Minor Final Plat for Woodbridge Subdivision Plat 3
and approve the waiver of requirements to install sidewalks and accept the First
Amendment to the Supplemental Sidewalk Agreement with financial security to defer
the installation of public sidewalk along Oakwood Road.
2. The City Council can deny the Final Plat for Woodbridge Subdivision Plat 3 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 for additional information.
MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for Woodbridge Subdivision Plat 3 is consistent with the City's
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 subject to approval of
the amended sidewalk agreement.
Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1, thereby approving the Final Plat for Woodbridge
Subdivision Plat 3 and the First Amendment to the Supplemental Sidewalk
Agreement to defer the installation of sidewalks along Oakwood Road.
ATTACHMENT A:
LOCATION MAP
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OAKWO0D RD OAKW00D-RD ,,..- �T'ffi
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Location Map
2635 University Boulevard
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ATTACHMENT B
PROPOSED SUBDIVISION
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NW CDR, I,OT 2�-. NE COP, LOT 2 +
MOOOBRIOGE 50.. S89'2fi'S2"E W0009NIOGE SUED.
PLAT 2 _. --.. S89'26'S2'E 230.28'__. FOUND 'X' CUT P$...
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CURVE I CURVE 2 CURVE 3
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! S89`45"22 N 13.62 _,.SE COR. LOT 2 �\Z _
Sr COP, LOT 2 NOODBRIO(1E S0. V ry
NOODBR[oGE s0. OAKWOOD ROAD (66') PLAT z
PLAT 2 WN
LEGAL DESCRIPTION: >oa
A subtlivielon of Lot 2, Woodbridge SubdiWsion, Plat 2 in the OWNER/DEVELOPER: N V 9LL
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City 0f Ames. Story County. fora. containing 2.36 acres. Karin M. SevOe r.
ZONING DISTRICT: Rangy Sevde _
P.O. Box 805
HOC (HIGHWAY ORIENTED COMMERCIAL) Ames, IA 50010 40 3$
Building Setbacks:
Front Yard: 20' Minimum (10' Fuel PUMP Canopyy) Q t8o!
61tle YeO Minimum (20' aDUtting Rea. District) LEND D(ry
Peer yar : 5'rd: 10' Minimum (20' Abutting Res, District) GE
Maximum Building COVerage: 50s PROPERTY 9011WARY
SECTION L(NE
Minimum LantleCaped Area: f5Y STREET CENTERLINE — W- _j LCFn
Maximum height: 85 or 7 atones (10' Fuel Pump Canopy) ATGRT OF MAY LINE -- -
EASEMENT LINE -- —
NOTES: BUILDING SE78ACK LINE Uj
SECTION CORNER FOUND OR SET AS NOTED
1. Soil borings are required in acres Within this plat NhiCh FOUND 312E REBAR W/YELLOW CAP F65B6 • V I O
have been IOentltiad by the City of Ames as having soils FOUND !/2' REBAR W/YELLOW CAP e1SM •
that make the Construction of put dings difficult. SET 1/2- REBAP W/YELLOW CAP 117161 O
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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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