HomeMy WebLinkAboutA005 - Council Action Form dated September 14, 2021, Item No. 34b (Minor Final Plat) ITEM #: 34b
DATE: 09-14-21
COUNCIL ACTION FORM
REQUEST: AMENDMENT TO THE INTEGRATED SITE PLAN SUBDIVISION FOR
1409 AND 1419 BUCKEYE AVENUE INCLUDING SOUTHWOOD
SUBDIVISION, FIFTH ADDITION — MINOR FINAL PLAT
BACKGROUND:
NLA Duff, LLC. has submitted a final subdivision plat for Southwood Subdivision, Fifth
Addition. The Final Plat is required as part of Section 23.706 Integrated Site Plan that
requires a Minor Subdivision Plat for a boundary line adjustment of lots within the
Integrated Site Plan. The Preliminary Plat was approved by the Council on November 13,
2018. as a part of an Integrated Site Plan that included a Major Site Development Plan.
The applicant proposes to move an existing lot line between Lots 6 and 7 that will
move 89 feet to the south to align where a tenant division will exist within the new
building. This is required to meet building code standards.
An Integrated Site Plan allows the subdivision of a site into individual lots with
consideration of the site in its entirety for evaluating access, circulation, maintenance,
and compliance with certain zoning development standards (setbacks, landscaping,
parking, etc.) that would otherwise apply to individual lots. Approval of an Integrated Site
Plan allows for more flexible application of most development standards through the
approval of the Major Site Development Plan, although the overall site must meet all
minimum standards. Typically, a Preliminary Plat is required with an Integrated Site Plan.
Section 23.706 of the Subdivision Code makes an exception to allow only a Minor
Subdivision for lot line adjustments and amendments to Site Plans.
The proposed final plat has two commercial lots. Building B will straddle the
common lot line as allowed by the Integrated Site Plan process for Building B. A
Major Site Plan Amendment went before the Planning & Zoning Commission on
September 1, 2021 and is a separate agenda item for Council approval. The lot line
adjustment will place the lot line in a location where there will be a tenant division. Without
adjusting the lot line it would go through and tenant space and this creates conflicts with
the Building Code requirements.
The Final Plat and accompanying Major Site Plan meets all of the requirements of an
Integrated Site Plan. The only public improvement change relates to the storm water.
Detention will no longer be underground as originally proposed and will instead be
conveyed to an above ground facility at the rear of the site. Storm water plans were
reviewed as part of the Major Site Plan Amendment. All other public improvements are
the same as proposed in 2018. Additionally, no changes are required to the development
agreement that was approved with the Southwood 4th Final Plat in 2019.
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ALTERNATIVES:
1. The City Council can approve the Final Plat of Southwood Subdivision, Fifth
Addition, based upon findings that the Final Plat conforms to relevant and
applicable design standards, ordinances, policies, and plans.
Note: The applicant must submit an update Treasure's Certificate prior to the
City Council's approval of the Final Plat.
2. The City Council can deny the Final Plat for Southwood Subdivision, Fifth Addition
if it finds that the development creates a burden on existing public improvements
or creates a need for new public improvements that have not yet been installed.
CITY MANAGER'S RECOMMENDED ACTION:
City staff has evaluated the proposed final subdivision plat and determined that the
proposal is consistent with the preliminary plat approved by City Council and that the plat
conforms to the adopted ordinances and policies of the City as required by Code.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No.1, as described above.
It must be emphasized that although the applicant initially submitted a Treasurer's
Certificate, as required by State law, an updated certificate must be received by the
City and approved by the City Attorney before Alternative #1 can be approved by
the City Council.
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Attachment A: Location Map
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1409 & 1419 Buckeye Ave
Amendment to Integrated Site Plan
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Attachment B: Final Plat
FINAL PLAT
FIFTH ADDITION TO
SOUTHWOOD SUBDIVISION
LOCATION: CLOTSM 6 B 7 IN 4 T ADD.TO COUNTY,
IO WOOD SUED.
aTY OF M1E5,STORY CWNTY,IOWA r„w,° w --
PROPRIETORt NLADUFF LLC JUL 152021
IOs TGOMFoosA sr.,STE 307 - CRY OF APAIES IA
105 TAL MERV,AL 3.,ST
DEPT OF KANNING AND HOUSING
SURVEYOR: R.OMOLEV BRING A PL9 a17161
FOX ENGINEERING A.FaSOC1ATES,INC.
AMES IA 50010
515-Y33-0000
4AT1BN ADD,SSORNUOTMWOOD 9�T BUBO.
FOUND MAG NAIL gd)AqO A1A62LP
IB' 4TH ADD.SROUTHWOOD
SUBDIVISION
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WATER
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EXISTING SANITARY SE GORIER LOTS
SEWEREA3ENX:NT 4THADD.SOUTHWOOD
SUSONISION
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Property Deacdptlon: N.3456282 73
A repkf of Lora 8 and 7 in Fourth Adds on W Southwood Subdivision,CRy of Ames,Story County,Iowa,all together 3fi.06' E•4090s13 a2
pdral ing 2.92 acres.
Notes: Zonfr3g District:HOC(Highway Oriented
1.Thla Dropedy'es entirely In Zone X per FIRM Map 19169C0163G,dated V152021.
Commercial District)
2.Cimuletlon and Perking-Unlea.otllerwise aped reQ ell triveweys,peddng erase,roadways,fire lanes,aidewalks,Plazas,cou Iyeods, gutldingg setbacks:
and other vehicular or pedeafdan ways or
spaces identified en the approvetl Integrated Ske Plan assodated with th s In SR e Front 20',I O'fuel canopy
Plan Subdiviaion ere tor the common use of the owners,tenant.,customers and related operational interests essodated with each lot Side:5'
u e,Olned within this subdbA.len. Res,.I of
3.Maintenance Area-unless otherwise specified,a maintenance area is provided within 10 feet of any building or shucture identified on Abutting Residentially Zoned tot:20'side,20'
the approved Integrated Site Plan aaapciated with this Integreted Site Plan Subdivision,even when Sold area extends onto other Iota rear
Within this subdivsion,provitlad that disturbance of improvements or landscaping hell be minimized and repeired/raplaced 1damaged. Guiding Coverage:50%maximum
Aid and use,I the land descrbed herein shell he m a000rdance with this subdivision and the eaaociated Integrated Site LamcaDln:15%minimum
Plan,as they may be ementled with the aDProvel q the Lao'q Amea,end fn accordance with such ghar gavemmental pemllts, Height 85aor 7 storl.,Fuel mnoplea-18'
approvals,regulations,requ►ememS,and re.trictlons that may be imposed upon such land and the development and use thereof. max.w/14'dearance
4.Soil buildings
di are required in areas within this plat which have been identified by the dry of Ames as having soils that make const-6-of
buildings diKcult Parking Reorements:
5.Thera exists an AvlgatbnaI Easemem,recorded In Book 342,Pages 201-202,over Lot 1,Second Addition to Southwood SubdMslon. Retail Sales a Service-General:1 spece1300
lot.1 and 2 q this plat Ile endrely within what was formerly said Lot 1. S,f,
ztogieering
I herby certify that this land aurvsywg d—ment ra.prepared by me orunder my direct panwnal
supwrialm and that 1 om a duly lieeneed Prfessional Lnd Surveyor under the lore of the Statef bva.I
FOX Erlginewirp Aesodaba,Inc. 17161
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414 South17th Street SWIe 107 R.BRAOLEY SfU PLS DATE %"�'•.,,AOtaA
Arras,we 50010 Ucerlae number 1 1 'qp
Phone:(615)233-0000 yiLAN01Po�A�`�:
FAX:(615)233-G103 My Iiwnsa renerel dote Is De—to.r 31.2021.
30aa 506E-21A DATE:7/12121 PAGE 1 OF 1
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Attachment C: Major Site Plan
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Attachment D: Applicable Subdivision 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.
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Ames Municipal Code Section 23.303:
Sec.23.303. tH OR SLBI1It'ISIQs S FL1AL PLAT.
(1) Minor Subdivision Procedure:
(a) The Applicant shall file an Application for Final Plat Approval of a Minor Subdivision
with the Department of Planning and Housing at least 15 days prior to a regular meeting of the City Council. No
preliminary plat is required:for the Minor Subdivision process.
(b) An Application for Final Plat Approval of a Minor Subdivision shall include:
(i) a completed Application Form(entitled"Application for Final Plat
Approval of a Minor Subdivision")available from the Department of Planning and Housing;
(ii) sixteen paper copies no larger than 24"x 36"and one blackline copy no
larger than 11"X17"of a Final Plat prepared in accordance with subsection 23.504.The Planning and
Housing Director may allow for electronic submittals of Plat documents in lieu of all or some of the
required paper copies,
(ni) an electronic format portable document file(PDF)as approved by the
City;
(iv) An electronic file of a Computer Aided Design Drawing of the Final Plat
to City specifications,if required by the Public Works Director and
(v) any filing fee established by the City Council.
(Ord.No.4441,6-22-21)
(2) Staff and Agency Review of Final Plat Approval for Minor Subdivision:Time Department
of Planning and Housing shall distribute a copy of the Application Form and the Final Plat to the
Department of Public Works and such other departments,persons,and utility companies as it determines
may be necessary or appropriate for their review,comments,and recommendations.The Department of
Planning and Housing shall assemble,review,and report on any comments or recommendations
submitted to it for consideration by the City Council.
(Ord.No.4441,6-22-21)
(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,
Sup#2021-3 23-11 Rev.07-1-21
any comments,recommendations or reports examined or made by the Department of Plaruung and Housing,and
such other infmnation 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.
(4) Effect of City Council Action on Minor Subdivision: Following such examination,and within 60
days of the applicant's filing of the complete Application for Final Plat Approval of a Minor Subdivision with the
Department of Planning and Housing,the City Council shall approve,approve subject to conditions,or disapprove
the Application for Final Plat Approval of a Minor Subdivision_ The City Council shall set forth its reasons for
disapprmrmg any Application or for conditioning its approval 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 for any Application that it approves.
(Ord.No.3524,5-25-99)
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Ames Municipal Code Section 23.706:
23,706. A--8fEiND4NFE.N-T,IIODIFICATIO---,-A\sDN7ACATIO\.
(1) Amendments or modifications to an Integrated Site Plan Subdivision are processed as both an
amendment to the subdivision plat and the associated Integrated Site Plan, being processed smidtmeously
and under the same review criteria and procedures specified for in initial application for an Integrated Site Plan
Subdivision(per Section 23703),except for Site Plan Amendments. Site Plan Amendments do not require a new
Preluninary Plat.
(a) Site Plan Amendments include the following:
Sup#2021-3 23-39 Rev.07-1-21
i- Minor Subdivision Plat for a boundary line adjustment of a lot(s) within the
Integrated Site Plan.
ii- Site Development Plan changes to site improvements, such as parking,
Landscaping,building design, stormwater treatment measures that do not affect lot dimensions and inftastnicture
capacity-
iii. Amendments qualified as a Major Amendment per 23306 are not Site Plan
Amendments.
(2) The following types of amendments iwpure the consent of all owners within the subdivision:
(a) Major amendments as defined in Section 23306.
(b) Amendments that are not consistent with recorded covenants and maintenance agreements.
(3) Amendments pertaining to the layout or improvements on individual lot(s), and that do not
otherwise fall under the provisions of subsection I above,require only the consent of the individual affected lot
owners.
(4) If a portion of an Integrated Site Plan Subdivision is vacated, the property subject to the
vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision.
Development of the vacated lot is subject to an amendment to the Integrated Site Plan Subdivision and associated
Integrated Site Plan.
(Ord.No.4441, 6-22-21)