HomeMy WebLinkAboutA031 - Council Action Form dated October 25, 2016 ITEM #: 31 b
DATE: 10-25-16
COUNCIL ACTION FORM
REQUEST: PRELIMINARY PLAT FOR 2617 BOBCAT DRIVE (RINGGENBERG
PARK SUBDIVISION, 5T" ADDITION)
BACKGROUND:
Friedrich Land Development Company, LLC the property owner of 2617 Bobcat Drive
requests approval of a Preliminary Plat subdividing a 1.45 acre site that is currently
Outlot A from the Ringgenberg Park 4tn Addition Subdivision. The property is located on
the north side of Bobcat Drive, south of Oakwood Road and west of Cedar Lane. (See
Attachment A Location Map and B —Amended Master Plan). The site is zoned FS-RM
and subject to a Master Plan Amendment that was approved by the City Council on
October 11tn
The proposed Preliminary Plat is a layout of 13 single-family attached home lots and
two outlots as the Ringgengerg Park 5tn Addition. (See Attachment C) The
Preliminary Plat includes a request for approval of a waiver to lot, block, and
street improvement requirements for a local residential street of the Subdivision
Code to allow for Bobcat Drive to be recognized as a private street in order to
comply with street frontage requirements of the FS-RM zoning district. Bobcat '
Drive was built as a 26-foot wide private driveway to serve the apartment building sites,
but does not include other features of a street for lighting, curbs & gutters, sidewalks,
and street trees. The formal findings for a waiver are included in Attachment D and are
found in Section 23.103. The addendum contains a complete discussion of the waiver
and Attachment D identifies excerpts of applicable laws. Typically, private streets have
been allowed as part of Planned Residential Development (PRD) rather than in
standard zoning districts as is requested by the developer.
The proposed 13 single-family attached home lots will be accessed from Bobcat Drive.
Bobcat Drive is not a public right-of-way, but is the sole means of vehicular access for
Lots 1-8 and 12 of the Riggenberg 4tn Subdivision. The three single-family homes on
lots 10, 11, and 12 have access to Suncrest Drive. The existing apartment lots each
have frontage on a public street, but have restricted access to the internal driveway.
Bobcat Drive overlaps the common property line of the adjacent lots with 20 feet of each
lot subject to an existing cross-access easement to allow for access into and through
the overall site. Bobcat Drive is a 26-foot wide concrete paved section similar to a local
public street improvement, but does not include sidewalks, street trees, or street lights.
Additionally, Bobcat Drive exceeds the 660-foot zoning standard for block length and
the Subdivision Code street length of 1,320 linear feet. Bobcat Drive as measured from
Cedar Lane through the site to Oakwood Road is approximately 1,650 feet with an
existing sidewalk connection from Bobcat to Oakwood Road at approximately 800 feet
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from Cedar Lane. The proposed improvements with the plat include the construction of
a sidewalk along Bobcat Drive for the length of the subject site connecting to a sidewalk
to the west that leads to Oakwood Drive and to the east leading to Cedar Lane.
Sidewalks are not proposed along the remaining length of Bobcat Drive. The proposed
connections address the minimum expectations for pedestrian circulation to provide
connectivity to existing sidewalks.
In addition, the Zoning Ordinance articulates a block and lot standard for additional
walkways when a new site is greater than 660 feet in length. The existing Oakwood
Road sidewalk connection partially addresses the 660-foot block length requirement.
The current arrangement of the Bobcat Apartments does not include a walkway that
connects to Suncrest that would provide the through connection to the south. The
original approval for the Bobcat apartments included a walkway connection for lots 6
and 7 connecting the parking lots and buildings to Suncrest, however this connection to
the parking lot was removed by the developer as part of a later revision in 2015. A
condition could be added to require an off-site walkway connection to Suncrest. The
developer is not in favor of this condition due to location of the walkway along the
existing apartments and its additional cost.
The proposed single-family attached lots range in size from 2,613 square feet to 5,662
square feet. All lots meet minimum size requirements and frontage requirements for the
FS-RM zoning district with Bobcat as a private street. The proposed lots have adequate
space to meet required setback and landscaping requirements of the FS-RM zoning
district. The Preliminary Plat includes two outlots with one area located at the northeast
edge of the property extending to Oakwood Road and along the south edge of the
property containing Bobcat Drive. Review of the configuration of the buildings and
landscaping is part of the accompanying Major Site Development permit.
As noted during the review of the proposed Master Plan Amendment, the platting
of Outlot A as a developable site requires the developer to secure an interest in
the common space area within the Ringgenberg Subdivision to the south.
Participation in the Ringgenberg common spaces is needed to ensure the FS-RM
10% open space requirement is met for the entire 16 acre site of the Ringgenberg
4t" Addition that includes the subject site. All lots within the FS-RM area must be
able to use and enjoy the common open space south of the site to allow for the
platting and development of this site. Evidence of participation in the common
ownership is needed prior to final plat. The developer has indicated to staff that
they are able to meet this condition.
The Planning and Zoning Commission reviewed the Preliminary Plat on October 5,
2016. The Commission discussed the merits of private streets and the types of
improvements that are desired for sidewalks, lighting, and design of a street. The
Commission also discussed the desire for the additional south walkway connection and
its routing along the parking lot to Bobcat and its connection to Suncrest Drive and the
trail to the south of the site. The Commission voted 4-2 to recommended approval of
the preliminary plat with the waivers, but to exclude the condition requiring installation of
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a sidewalk to the south between lots 6 and 7 of the Ringgenberg 4th addition leading to
Suncrest Drive.
ALTERNATIVES:
1. The City Council can approve the preliminary plat for Ringgenberg Park Subdivision,
5th Addition, including a waiver of Subdivision Code standards for lot design, block
length, and public street improvements for lighting, curbs & gutter, and sidewalks,
with the following conditions:
A. Prior to final plat approval, the private sidewalk connection to Cedar lane
connection shall be completed or financially secured with written
acknowledgement by the property owner (Village Co-op) to authorize its
installation.
B. Prior to final plat approval, to recognize Bobcat Drive as a private street the
developer shall provide a common maintenance agreement amongst all
beneficiaries of the cross-access easement within the Ringgenberg 4th and 5th
Additions. The agreement is to be reviewed and accepted by the City of Ames
and recorded prior to recording of the final plat.
C. Prior to final plat approval, the developer shall provide evidence to the City that
all lots within the Ringgenberg 4th Addition and the proposed 5th Addition have
a legal right to use and enjoy the common spaces within the Ringgenberg
PRD and participate in its maintenance and upkeep. The documents shall be
reviewed and accepted by the City prior to recording of the agreements and
the final plat.
D. Prior to final plat approval, a five-foot private sidewalk from Bobcat to Suncrest
Drive between lots 6 and 7 of the 4th Addition shall be completed or financially
secured with written acknowledgement of the property owner(s) to authorize its
installation.
2. The City Council can approve the preliminary plat for Ringgenberg Park Subdivision,
5th Addition with the different conditions.
3. The City Council can deny the preliminary plat for Ringgenberg Park Subdivision, 5th
Addition if the Council determines the proposed design does not meet the standards
of the Subdivision Code or Zoning Ordinance.
4. The City Council can defer action on this request and refer it back to City staff and/or
the applicant for additional information.
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CITY MANAGER'S RECOMMENDATION:
The layout of the project is unique in its manner of meeting the intent of the Subdivision
Code and Zoning Ordinance with its requested waivers for a private street within a
previously approved and developed site. The site was originally developed with an
external orientation of the buildings and an internal vehicular circulation to address
concerns of the neighborhood about the configuration and appearance of the
development. The subject Outlot A was planned as 1.4 acres of open space to meet
FS-RM requirements, but noted that it could with replacement of common open space
be potentially developed.
The developer seeks waivers for street improvement requirements in recognition of
Bobcat Drive acting as a private street to serve this new development. Apart from
instances under Planned Residence Development zoning districts (F-PRD), the practice
of allowing for legal lots of record to be created in standard zoning districts with frontage
solely upon a private street is uncommon. With the conditions for improvements to
pedestrian connections and appropriate commitments to maintenance to retroactively
recognize Bobcat Drive as a street will address the minimum functional necessities of
serving the subject site and meeting zoning requirements.
Staff would prefer that all of Bobcat Drive include features associated with streets that
meet the City's intent for proper vehicular and pedestrian circulation and not just the
partial implementation that is part of the proposed 5th Addition. It is only in recognition
of the practical difficulties of meeting street frontage requirements with the existing
developed conditions that support granting of the waiver to allow for development of the
site at this time and not defer its development until a time it could be combined with the
parcel to the north. Staff doesn't believe that granting a waiver for this circumstance
should be viewed as any precedent of supporting future private streets that are
configured in a similar manner that could be viewed as a "work around" of intended
development regulations that would be applied completely at the time of initial
development.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, which recommends ap roval with conditions
of the preliminary plat for Ringgenberg Park Subdivision, 5t Addition.
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ADDENDUM
Project Description. The Preliminary Plat of "Ringgenberg Park Subdivision, 5th
Addition" includes 13 single-family attached lots for development and two multi-family
lots with two Outlots (Outlots A and B). Outlot A (.14 acres) is open area with a utility
connection. Outlot B (.13 acres) is indicated as an outlot for the purpose of common
street access (See Attachment C - Preliminary Plat)
The main access for the development is Bobcat Drive which allows access to Cedar
Lane to the east. The proposed subdivision is located upon an existing outlot as part of
Ringgenberg Park Subdivision, 4th Addition. The design of the lots fronting on Bobcat
Drive is consistent with the vehicular access pattern of the area and is necessary to
develop the site as proposed with frontage on Oakwood Drive as only 20 feet in width,
which is much smaller than the 35 feet required for a flag lot in the Municipal Code in
Chapter 29.401(1) (C). The site is unbuildable at this time without approval of a waiver
to the Subdivision Code standards
Density and Lotting. The total development area of the subdivision is 1.45 acres with
lots that range in size from .06 acres to .13 acres. Density calculations have been based
on net area consistent with the allowance for the FS-RM zone. This meets the minimum
required net density of 10 dwelling units per net acre of the FS-RM Zone at 13 units on
1.23 net acres. Additionally, the overall density of the original Master Plan Area of Lot
79 maintains compliance with net density requirements.
The lot pattern is consistent with attached single-family standards and although the
request to consider Bobcat Drive as a private street would appear to create a "through
lot" situation that is not approvable, it is approvable due to restricted access desired
along Oakwood Road as an arterial street.
Public Improvements. The site is subject to an existing development agreement that
defined requirements for public improvements. The site does have 20 feet of frontage
along Oakwood Road, this frontage was improved with a required shared use path as
part of the previous development. The developer has also contributed funds for future
Cedar Lane turn lane improvements at a time they are deemed necessary by the City.
The City is responsible for sidewalk construction along Cedar Lane. The City recently
awarded a contract for the sidewalk construction.
Streets (Bobcat Drive).
The site has approximately 432 feet of frontage along Bobcat Drive. Bobcat Drive is an
existing private driveway that connects Lots 1 through 8 and Lot 12 to Cedar Lane and
Oakwood Road. It was constructed as a 26-foot wide paved concrete drive. Bobcat
Drive is a private drive with the portion of the drive across the site's frontage proposed
to be within a common outlot (outlot B) that provides the main source of access to the
proposed subdivision. The remaining area of Bobcat Drive is part of a cross access
easement across the abutting properties.
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Although Bobcat Drive is a private drive for vehicular access, it does not meet the
Subdivision Code standards for create building lots as it does not meet the
requirements for block, lots, or residential street improvements. Bobcat Drive acts more
as an alley than as a public street. Therefore, the developer has requested a Waiver to
these requirements to recognize Bobcat Drive as a private street without meeting all
public street and subdivision standards.
Staff has identified that Waivers are needed for block length and lot requirements as it
exceeds the maximum block length. This requires waiving site design sections
23.401(2) in regards to block length exceeding 1320 feet, 23.401(3) in regards to lot
frontage requirements along a street with dedicated right-of-way, 23.402 in regards to
residential landscape standards for street trees, and 23.403 with regard to street design
and improvements for its construction and items such as street lighting, curb and gutter
and overall street length. Current lighting in the area is produced residually from
neighboring properties parking lot lighting along the south side of Bobcat Drive. The
lighting produced does not produce light of the intensity produced by a streetlight. The
developer has no plans to establish new lighting along Bobcat Drive or with the new
homes.
To grant a waiver, the City Council must find by the language of Section 23.103(1) that
there is an extreme hardship or the requirements are inconsistent with the purpose of
the regulations due to topographical conditions or other circumstances. Staff does not
believe there is an extreme hardship as this site was intentionally set aside without
development as open space at the time the surrounding properties were developed and
there was no intent for development at this time on the site. The site was noted as
potentially being incorporated into future development north of the site.
The developer believes that construction of the above required Subdivision Code
standards would be problematic to the developer and neighboring properties as the
neighboring properties are already fully developed thus requiring major infrastructure
retrofitting that would disrupt use of the surrounding developed property. Currently
Bobcat is a 26-foot wide access drive which meets city width standards for local
residential streets. The concrete paving is of similar design and durability to that of a
public street. The developer is also proposing a sidewalk along the north side of Bobcat
Drive and a street tree configuration along the north side of Bobcat Drive to meet street
tree requirements in a typical subdivision. The developer believes that by providing
connections with the 5th Addition, they have met the intent of the regulations when
considering the limitations of the existing conditions for providing a true public street and
right-of-way. However, the remainder of Bobcat Drive will not receive any additional
treatments as a private street as it affects other properties not under control of the
developer.
Water. An existing 8" water main connection is located along the front of the site along
Bobcat Drive. The 8" water main is adequate to serve the projected needs of the
subdivision.
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Sanitary Sewer. A sanitary sewer main along the front of the site along Bobcat Drive
which will provide sanitary sewer service to the subdivision. The City has concluded
that sanitary sewer capacity is available to serve the proposed subdivision.
Transit. Cy Ride currently has bus access locations to the east along University
Avenue. Cy Ride currently has no plans to extend service to the area of this proposed
site. As such this subdivision will not have direct CyRide service from within the
subdivision or the immediate area. Pedestrian access to the University CyRide stops
are available from the proposed subdivision site.
Sidewalks, Pedestrian Trails and Street Trees. Chapter 23 of the Municipal Code,
requires street trees for residential subdivisions along both sides of the street at a
spacing of 30-50 feet on center to allow for the growth of the tree canopy, however,
adjusted spacing is permitted by the code for obstructions in the right of way including
driveway locations, underground utilities, and the location of street lights. The
developer has addressed the street tree requirement with the placement of trees in the
front yard areas of the home between the sidewalks and the buildings. This is a good
space for the trees to be planted and have room to mature.
A sidewalk is proposed on the north side of Bobcat Drive that can be accessed from the
north on the neighboring west and east property connecting to Cedar Lane and
Oakwood Road. Staff proposes a condition of verifying ability of the applicant to connect
to the sidewalk connection to the east on Village Co-op property to ensure a full
sidewalk connection to the east to Cedar Lane. Without these sidewalk connections
staff would not support the development.
As discussed above, the Bobcat Drive exceeds block requirements of the Subdivision
Code. Additionally, the configuration of the Bobcat apartments does not fully meet the
Zoning Ordinance standard for through walkways when a block exceeds 660 feet. The
intent of the zoning requirement for this site would be to have a connection north south
through the site from Oakwood to Suncrest. The walkway to Oakwood does existing to
the west of this site and the developer will connect to it. However, a walkway to the
south was not constructed with the apartments. The 2013 Master Plan and 2014 Major
Site Development Plans had a walkway that connected the parking lots to the entrances
of the apartments and to Suncrest for Lots 6,7,8. There was no internal connection
directly to the Oakwood walkway. The Suncrest walkway was not installed with the final
improvements and walkways were only constructed that connected the building
entrances to Suncrest.
Staff believes the intent of the zoning standard has not been fully accomplished for the
site due to the lack of connectivity throughout the site north to south. Although a
Suncrest connection is off-site from the subject site, completing a walkway connection
through Lots 6 and 7 to Suncrest would be the most logical location due to the grades of
the area and the alignment of the walkway with a trail connection that exists in the
Ringgenberg Park subdivision to the south. This connection would provide trail access
to the primary open space located % of a mile to the south that is meant to meet the
needs of this site. This sidewalk would connect through a small parking lot to Bobcat
and then to the new sidewalk constructed by the applicant with the single-family
attached homes. A condition is included as part of Alternative 1 to provide the additional
walkway to Suncrest.
Staff also notes that based upon a recent site visit that required landscaping of the
current Major Site Development plan is no long in place along Bobcat Drive or
completed on Outlot B of the 4th addition. Staff will follow up to ensure compliance with
the approved plans.
Open Space. The FS zoning requires that 10% of the gross development area be
designated as common open space which is intended for usable outdoor area for the
residents of the development, this equates to 1.6 acres of open space to meet the
needs of the overall FS-RM development. Open space must be part of common
ownership and located outside of required setbacks. The developer believes they are
able to meet this requirement with securing an interest in the existing common open that
is within the Ringgenberg Park PRD located Y4 of a mile south of the site. Private open
space will exist for the new attached single-family homes as each will have a rear yard
area. The developer indicated with the Master Plan Amendment that Outlot B of the 4th
addition would be retained as a small on site open space and gathering amenity area.
Storm Water Management. The Public Works Department has reviewed the submitted
Storm Water Management Plan for this subdivision. Public Works has determined that
the storm water detention will be sufficient for the projected needs of the development.
Applicable Law. Laws pertinent to the proposal are described on Attachment D —
Applicable Law. Pertinent for the Planning and Zoning Commission are Sections
23.302(3), 23.302(4) and 23.103(1).
s
Attachment A- Location Map
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1
Attachment D-Applicable Law
The laws applicable to this Preliminary Plat Subdivision include, but are not limited to,
the following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general
provisions for subdivisions within the City limits and within two miles of the City limits of
Ames.
Ames Municipal Code Section 23.302(3):
(3) Planning and Zoning Commission Review:
(a) The Planning and Zoning Commission shall examine the Preliminary Plat,
any comments, recommendations or reports assembled or made by the
Department of Planning and Housing, and such other information as it
deems necessary or desirable to consider.
(b) Based upon such examination, the Planning and Zoning Commission shall
ascertain whether the Preliminary 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.
Ames Municipal Code Section 23.302(4):
(4) Planning and Zoning Commission Recommendation: Following such examination
and within 30 days of the regular meeting of the Planning and Zoning Commission
at which a complete Application is first formally received for consideration, the
Planning and Zoning Commission shall forward a report including its
recommendation to the City Council. The Planning and Zoning Commission shall
set forth its reasons for any recommendation to disapprove or to modify any
Preliminary Plat in its report to the City Council and shall provide a written copy of
such reasons to the developer.
Ames Municipal Code Section 23.103(1) (Waiver)
Where, in the case of a particular subdivision, it can be shown that strict
compliance with the requirements of the Regulations would result in
extraordinary hardship to the Applicant or would prove inconsistent with the
purpose of the Regulations because of unusual topography or other conditions,
the City Council may modify or waive the requirements of the Regulations so that
substantial justice may be done and the public interest secured provided,
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however, that such modification or waiver shall not have the effect of nullifying
the intent and purpose of the Regulations. In no case shall any modification or
waiver be more than necessary to eliminate the hardship or conform to the
purpose of the Regulations. In so granting a modification or waiver, the City
Council may impose such additional conditions as are necessary to secure
substantially the objectives of the requirements so modified or waived.
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