HomeMy WebLinkAboutA002 - Council Action Form dated July 11, 2017 ITEM # 23
DATE: 07-11-17
COUNCIL ACTION FORM
SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR LDY SUBDIVISION
BACKGROUND:
The proposed subdivision is located within the "GI" (General Industrial Zone) zoning
district (see Attachment A — Location & Zoning map). LDY LLC, property owner, is
requesting approval of a Minor Subdivision Final Plat for LDY Subdivision to divide the
existing Lot 5 of the Landfill Addition Block 3 into three lots (see Attachment B —
Proposed Final Plat). A minor subdivision includes three, or fewer, lots and does not
require additional public improvements. A minor subdivision does not require a
Preliminary Plat, and may be approved by the City Council as a Final Plat, only, subject
to the applicant completing the necessary requirements. Following City Council
approval, the Final Plat must then be recorded with the County Recorder to become an
officially recognized subdivision plat.
The existing lot is approximately 10.96 acres with an existing vacant industrial building,
which was constructed in 1968. The existing site contains paved drive aisle access from
Dayton Avenue and paved parking to the east of the existing building with a gravel
loading area located to the west of the building.
The applicant desires to subdivide this property into three lots for future industrial
development at this location. The proposed subdivision creates Lot 1 (3.83 acres), Lot 2
(3.04 acres) and Lot 3 (3.87 acres). The proposed Lot 1 and 3 would be vacant lots with
Lot 2 containing the current industrial building. (See Attachment A — Location & Zoning
Map). Access to all of the lots will be from an existing driveway along Dayton Avenue,
no access is permitted to Lincoln Way. The current industrial building located on the site
will meet setbacks required in the General Industrial Zone upon creation of the
proposed new lots. Each of the proposed lots meets the requirements of the "Gl" for lot
and development standards.
The proposed Lot 1 & Lot 2 have frontage on Lincoln Way and Lot 3 has frontage on
Lincoln Way and Dayton Avenue, however access to Lincoln Way is restricted by the
City per Ames Municipal Code Section 29.403(9)(b) which restricts new direct access to
an arterial street where one does not already exist. Access for all lots will be provided
via easement from Dayton Avenue. To provide access to the lots from Dayton Avenue,
an access easement, 55 feet wide on Lot 3 and 45 feet wide on Lot 2, is proposed
across the north edge of the lots providing access from Dayton Avenue across the north
edges of Lot 3 and Lot 2 west to the east lot line of Lot 1.
A frontage road currently exists to the west of the proposed subdivision and terminates
with an intersection to Lincoln Way approximately 175 feet from the subject site. Given
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that access to the proposed lots is being provided from Dayton Avenue and that
the frontage road does not abut the site, a frontage road extension is not
proposed as part of the subdivision. The frontage road would need to be
extended if there was an interest in having direct access to Lincoln Way.
Requiring the extension of the frontage road would also require preparation of a
preliminary plat and not a Minor Final Plat.
Public utilities will serve all three parcels and no additional extensions of water, sewer,
or storm sewer are needed. A sidewalk is in place along the frontage for Lot 3, on
Dayton Avenue. The frontage road along the south side of Lincoln Way functions as
part of the City shared use path network. However, no sidewalk is present. A sidewalk
is therefore required along Lincoln Way. The applicant has provided for a sidewalk
deferral agreement and a letter of credit in the amount of $27,700 to ensure the
construction of the sidewalk along their Lincoln Way frontage.
ALTERNATIVES:
1. The City Council can approve the final plat for LDY Subdivision and accept the
sidewalk deferral agreement, based upon the findings of consistency with the
Subdivisions Ordinance.
2. The City Council can deny the final plat for LDY Subdivision if the City Council finds
that the proposed subdivision does not comply with applicable ordinances,
standards or plans.
3. The City Council can refer this request back to staff or the applicant for additional
information.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed final plat for LDY Subdivision is consistent with the City's existing
subdivision and zoning regulations. The continued use of the lots under the General
Industrial zone regulations allows the proposed new lots to be developed for industrial
use in the future should the owner desire. All utilities are in place to be able to serve the
lots for future needs. The presence of the access easement to Dayton Avenue ensures
the site meets access requirements upon recording of the final plat.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1 and its related conditions.
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Attachment A- Location & Zoning Map
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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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