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HomeMy WebLinkAboutA001 - Memo from Kelly Diekmann dated November 8, 2022 CITY OF Amen 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.