HomeMy WebLinkAboutA001 - Memo from Kelly Diekmann dated November 8, 2022 CITY OF
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19 PLANNING & HOUSING Memo
Department of Planning & Housing
TO: Mayor and City Council
FROM: Kelly Diekmann, Planning & Housing Director
DATE: November 8, 2022
SUBJECT: Item #35 b. Ansley Preliminary Plat-Waiver Request
The Council Action Form (CAF) describes a request by the applicant for a waiver of subdivision
improvement requirements related to the extension of Cedar Lane to the southernmost point of the
proposed subdivision. Staff supported the waiver of approximately 1,500 feet of infrastructure
improvements due to the condition of the abutting properties being owned by Iowa State University(ISU)
and its affiliates. Conversations with ISU representatives have indicated there is no intent to dispose of
these properties and it will be kept for ISU use.
Alternative 1 of the CAF is for approval of the subdivision with a condition that the waiver of future
improvements would be decided at the time of future final plat approvals. Staff prepared Alternative 1 to
align with the City Council's discretion to grant a waiver with final plat approval. It allows for the City
Council to determine if the circumstances of ISU land ownership change at the time of future final plat
approval, Council could then determine if a waiver would be appropriate in the future.
Staff did not prepare an alternative to grant final approval of the waiver with the Preliminary Plat,
believing that prior practice had been to grant waivers only at the time of final plat approval. However,
staff has now researched prior decisions for subdivision waivers and there is a history of approving
waivers at either the time of Preliminary Plat or Final Plat.
The applicant requests that City Council approve the Preliminary Plat with the waiver on
November 8tn and not defer the decision until Final Plat. The project was designed around the
assumption that ISU land was not available for development now or in the future and granting the waiver
with preliminary plat would be consistent with the prior PUD Master Plan approval.
Based upon past precedent of granting waivers at either Final Plat or Preliminary Plat, staff now supports
an alternative that grants the waiver on Nov. 8tn with the condition of dedicating necessary ROW and
Easements at the time of Final Plat.