HomeMy WebLinkAboutA004 - Council Action Form dated September 26, 2023 ITEM #: 42
DATE: 09-26-23
DEPT: P&H
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR JT WAREHOUSE SUBDIVISION
BACKGROUND:
The City's subdivision regulations are included in Chapter 23 of the Ames Municipal
Code. Once the applicant has completed the necessary requirements, including provision
of required public improvements or provision of financial security for their completion, an
application for a "Final Plat" may then be made for City Council approval. After City
Council approval of the Final Plat, it must then be recorded with the County Recorder to
become an officially recognized subdivision plat. The Final Plat must be found to conform
to the ordinances of the City and any conditions placed upon the Preliminary Plat
approval.
Todd Reuter and Jordan Elwell Properties have submitted a Major Subdivision Final Plat
for JT Warehouse Subdivision. The Subdivision is located along the south side of East
13th Street and north of the Union Pacific Railroad currently addressed as 4098 East 13'
Street, east if 1-35. (Attachment A-Location Map). The preliminary plat for this subdivision
was approved by City Council on September 12th.
The subdivision includes two buildable lots, which include Lot 1 (43.09 acres) & Lot 2
(10.43 acres) with shared stormwater treatment facilities. There are also two Right-Of-
Way Lots which include Lot A & B, totaling 1.66 acres. Lots 1 and 2 will both be accessed
from East 13th Street. The dedicated area of street lots A & B are consistent with the
anticipated future needs of the street and the current dedicated right-of-way easement.
The required improvements for the JT Warehouse Subdivision are proposed to be
financially secured. A Bond in the amount of$1,121,548 has been provided to secure the
public improvements, which include the turn lane paving, sidewalk, water, sanitary sewer
and storm sewer facilities within this subdivision and along East 13th Street. The City
Council is being asked to accept the signed Improvement Agreement with a Bond for the
specified improvements. The amount of the Bond can be reduced by the City Council as
the required infrastructure is installed, inspected, and accepted by the City.
The Preliminary Plat included three conditions of approval. The first was to defer rural
water territory buyout and transfer requirements to final plat approval. The developer has
secured a water territory release and transfer of the street right-of-way lots from the Iowa
Regional Utility Association (IRUA) to allow for their dedication to the City. The developer
requests that City Council accept a deferred schedule for payment of fees to IRUA and
release of the remaining territory until development of Lot 1 and Lot 2. Lots 1 & 2 would
ultimately be required to be released before any water service by the City is approved
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according to the City's rural water territory agreement with IRUA. Staff supports
delaying the buyout requirement to individual site development plan approvals
since the payment does not come to the City and there is no water service need
until development of the site.
The Second condition was that the East 13t" Street Sewer Extension Project for extension
of the trunk line to 570t" Street is approved by City Council prior to approval of Final Plat
with a condition that any length of sanitary sewer trunk extension that is not included
within the City's approved extension will be the requirement of the property owner to
connect to the City's extension and then extend across their property frontage. On the
September 26t" agenda is a separate item to award the contract for the construction of
the sewer. Upon approval of the sewer extension by City Council, the proposed
final plat is consistent with the City improvement requirements and the condition
of the Preliminary Plat.
The Third condition was that any grading and site improvements be subject to
conformance to the final storm water plan as approved by the City's Municipal Engineer.
The Public Works Department has confirmed that all final items as part of the storm water
plan have been received and approved in accordance with this condition.
ALTERNATIVES:
1. Approve the Final Plat of JT Warehouse Subdivision, based upon the staff's
findings that the Final Plat conforms to applicable design standards, ordinances,
policies, and plans and approve acceptance of financial security for completion of
public improvements and deferral of the water territory buyout requirement with a
separate resolution as:
A. Approval of a resolution requiring proof of water territory release and
transfer of Lots 1 & 2 from IRUA prior to approval of a Site Development
Plan for each individual lot.
2. Deny the Final Plat for JT Warehouse Subdivision, by finding that the development
does not conform to the subdivision criteria, creates a burden on existing public
improvements, requires water territory buyout prior to final plat, or creates a need
for new public improvements that have not yet been installed and should not be
deferred.
3. Defer action on the item and request more information from staff or the applicant.
CITY MANAGER'S RECOMMENDED ACTION:
City staff has evaluated the proposed major subdivision plat and determined that the
proposal is consistent with the preliminary plat and the and that the plat conforms to the
adopted ordinances and policies of the City as required by Code and other agreements.
Staff is in agreement that the water service territory release must be received prior to
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approval of a Site Development Plan on each lot. All other conditions from the Preliminary
Plat have been satisfied. Therefore, it is the recommendation of the City Manager that
the City Council adopt Alternative #1.
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Attachment A- Location & Zoning Map
4095 East 13th Street
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Attachment B-Final Plat
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Attachment C- Applicable Regulations
Adopted laws and policies applicable to this case file include,but are not limited to,the following:
Ames Municipal Code Section 23.302
(10) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council forreview and approval.
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.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such subdivision
will create such a burden on existing public improvements or such a need for new public improvements that the area of
the City affected by such impact will be unable to conform to level of service standards set forth in the Land Use Policy
Plan or other capital project or growth management plan of the City until such time that the City upgrades such public
improvements in accordance with schedules set forth in such plans;or,
(ii) approve any subdivision subject to the condition that the Applicant contribute to so
much of such upgrade of public improvements as the need for such upgrade is directly and proportionately attributable
to such impact as determined at the sole discretion of the City. The terms,conditions and amortization schedule for such
contribution may be incorporated within an Improvement Agreement as set forth in Section 23.304 of the Regulations.
(d) Prior to granting approval of a major subdivision Final Plat,the City Council may permit the
plat to be divided into two or more sections and may impose such conditions upon approval of each section as it deems
necessary to assure orderly development of the subdivision.
(e) Following such examination, and within 60 days of the Applicant's filing of the complete
Application for Final Plat Approval of a Major 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 Major
Subdivision. The City Council shall set forth its reasons for disapproving 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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