HomeMy WebLinkAbout~Master - Approving Sidewalk Deferral Agreement for Ely's Subdivision 1st Addition RESOLUTION NO. 22-652
RESOLUTION APPROVING SIDEWALK DEFERRAL AGREEMENT
FOR ELY'S SUBDIVISION, lst ADDITION
FOR THE CITY OF AMES,IOWA
WHEREAS, Ely's South Duff Property, L.C, is requesting approval of a Final Plat for
Ely's Subdivision, 1" Addition, a minor subdivision that would divide Parcel G into two lots.
Parcel G was recorded in 1997, containing 1.55 acres; and,
WHEREAS, 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; and,
WHEREAS, the existing parcel, addressed as 2905 South Duff Avenue, is developed with
three buildings, parking and landscaping. This property is zoned Highway Oriented Commercial
(HOC). At this time there no plans to make physical changes to the property with the exception of
creation of new lots. The proposed locations of new lot lines will not create any non-conformities
with the HOC site development regulations, meaning each lot will conform to landscaping and
parking independently; and,
WHEREAS, public utilities serve both parcels. Easements documents are included with
this subdivision and shown on the plat that describes the location of all easements including all
utility easements as well as the right of way dedication. All the utilities are existing and will not
change. However, easements did not exist and needed to be created, approved, and recorded with
this plat; and,
WHEREAS, installation of sidewalks are required with subdivisions per Municipal Code
Section 23.403.However,in certain situations where topographic conditions exist that would make
installation not possible a deferral may be approved, per Section 29.403(14)(3); and,
WHEREAS, in this situation, Public Works determined that the existing conditions of the
open ditch design adjacent to South Duff Avenue does not allow for a sidewalk to be constructed
at this time. This part of South Duff Avenue has had other deferrals approved in the past, including
the property to the north of this site; and,
WHEREAS, the deferral is related to planning for future widening of South Duff Avenue.
Although there is no programmed CIP project for this location,the Mid-Term horizon of the City's
Transportation Plan includes plans for widening of the roadway, which would also then include
sidewalks; and,
WHEREAS, the applicant has provided for a sidewalk deferral agreement and payment in
the amount of$6,240 to ensure the construction of the sidewalk along their South Duff Avenue in
the future. The intent of this deferral is the money would be set aside for the City to use as part of
future project; it would not be installed by the property owner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that the Sidewalk Deferral Agreement for Ely's Subdivision, 1'Addition, is hereby approved.
ADOPTED THIS 20th day of December, 2022.
Renee kall, City Clerk John A. Haila, Mayor
Introduced by: Corrieri
Seconded by: Betcher
Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Rollins
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 201h day of December, 2022.