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HomeMy WebLinkAboutA001 - Council Action Form dated October 22, 2024ITEM #:24 DATE:10-22-24 DEPT:P&H SUBJECT:FINAL MINOR PLAT AND WAIVER FOR PRAIRIE VIEW INDUSTRIAL, FIRST ADDITION LOCATED AT 3800 EAST LINCOLN WAY COUNCIL ACTION FORM BACKGROUND: Iowa Land & Building Company, a subsidiary of Alliant Energy, is requesting approval of a Final Plat for Prairie View Industrial, First Addition, a minor subdivision that would divide an existing parcel of land into two lots total. (See Attachment A - Location Map) The existing lot, addressed as 3700 E Lincoln Way is zoned Intensive Industrial (II). The two proposed lots are proposed as Lot 1 (19.54 acres), Lot 2 (17.79 acres) (see Attachment B – Proposed Final Plat). Lot A is being dedicated for right- of-way dedication purposes along East Lincoln Way. 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. Following City Council approval, the Final Plat must then be recorded with the County Recorder to become an officially recognized subdivision. The property is being divided for future development purposes, which include a new electrical substation planned by Alliant Energy. An access easement has been provided, which extends from East Lincoln Way to the south property line of Lot 1. This easement allows access to Lot 2 and enables access to 40 acres immediately south of this location. East Lincoln Way will provide the sole means of access to Lot 1 and Lot 2. The applicant is requesting a waiver of sidewalk/shared use path requirements to allow for a 5- year deferral of shared use path installation along the frontage with East Lincoln Way under Section 23.103 of the Subdivision Ordinance due to it being premature for construction. Typically, the Code allows for an automatic 3-year deferral or development of a site, whichever occurs first. Staff is agreeable to allowing for a deferral without cash security through approval of a development agreement. This approach is similar to recent Wyffels deferral agreement on Teller Avenue. The agreement will specify that the Shared Use Path must be installed after five years by the owner of the property. Additionally, the agreement will specify that the property owner will have the option to pay the City the cost of installing a shared use path for the frontage along Lots 1 & 2 to be used for a future City Shared Use Path project in lieu of its construction, subject to Public Work Director acceptance of the in-lieu fee payment for a City-planned project. The proposed Agreement is being finalized between staff and Alliant Energy representatives. Staff is supportive of Council approving the Shared Use Path deferral agreement subject to an agreement being signed prior to issuance of a Site Development Plan on these lots. The Prairie View Industrial Center area is subject to certain utility payment costs for water and sewer infrastructure. Water territory rights have been acquired from Iowa Regional Utilities Association 1 (IRUA) rural water for Lot 1 according to the terms of the rural water agreement with IRUA and the territory has been transferred to the City. However, Lot 2 has not been bought out and would require future payment to IRUA at the time any future development occurs. City water & sewer connection fees for the acreage being developed here and an additional 40 acres immediately south of this location owned by Iowa Land & Building Company have been paid for as well. The City's connection fee ordinance requires payment at the time of subdivision or development for all adjacent land under common ownership. ALTERNATIVES: 1. Approve the final plat for Prairie View Industrial First Addition with shared access for Lot 1 and Lot 2 based upon the findings and conclusions stated above and with the following conditions: a. That a Sidewalk Deferral agreement for a Shared Use Path be agreed to and signed with Iowa Land & Building Company prior to issuance of a Minor Site Development Plan on either Lot in the proposed subdivision in accordance with Section 23.103 of the Subdivision Ordinance. 2. Deny the final plat for Prairie View Industrial First Addition, if the City Council finds that the proposed subdivision does not comply with applicable ordinances, standards or plans. 3. Refer this request back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed final plat for Prairie View Industrial, First Addition is consistent with the City’s existing subdivision and Intensive Industrial (II) zoning regulations for each of the proposed lots. The utilities and infrastructure that will serve this subdivision are currently being installed or have been installed already. The requested waiver for sidewalk installation based upon premature conditions and allow for a 5-year deferral of Shared Use Path installation will not impact any other pedestrian or bicycle infrastructure at this time. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. ATTACHMENT(S): Attachment A- Prairie View Industrial First Addition Location Map.pdf Attachment B-Prairie View Industrial First Addition Final Plat.pdf Attachment C- Applicable Rules & Regulations.pdf Attachment D- Ames City Council_Sidewalk Deferral.pdf 2 566TH AVE E LINCOLN WAY§¨¦35 §¨¦35 Pra irie View Industrial, First Addition Location Map´ Prairie View In dustrial, First Addition Lo ca tion (Shade d) Legend AM ES INCORPORATED LIMIT S PARCEL S ST REET LABELS - AL L @ 5 000 0FT Private ISU Ro ad City Roa d Co unty Seconda ry Co unty Hwy State Hwy US Hwy US In terstate Hwy RAIL ROAD CENTERLINES 3 4 5 1 Attachment C Applicable Laws Ames Municipal Code Section 23.303(3) states as follows: (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, 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. 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. Ames Municipal Code Section 23.103 states as follows: Sec. 23.103. WAIVER/MODIFICATION. 1) Where, in the case of a particular subdivision, it can be shown that strict compliance with the requirements of the Regulations would result in extraordinary hardship to the Applicant or would prove inconsistent with the purpose of the Regulations becau se of unusual topography or other conditions, the City Council may modify or waive the requirements of the Regulations so that substantial justice may be done and the public interest secured provided, however, that such modification or waiver shall not have the effect of nullifying the intent and purpose of the Regulations. In no case shall any modification or waiver be more than necessary to eliminate the hardship or conform to the purpose of the Regulations. In so granting a modification or waiver, the City Council may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so modified or waived. (2) The requirements of the Regulations for the platting of a Minor Subdivision may be waived by city staff when it is determined by city staff that: 6 2 (a) A clear and accurate description of the area of land will be provided by means of a plat of survey to be procured by the property owner, and in compliance with Section 23.308. (b) With respect to that area of land, all substantive requirements and standards of the Regulations are already met. 7 July 19, 2024 Ames City Council City of Ames City Hall - 515 Clark Avenue Ames, IA 50010 Dear Council Members, For the past 5+ years the City of Ames, Ames Regional Economic Alliance, and Alliant Energy, have worked in close partnership to foster economic growth for the City of Ames with the development of the Prairie View Industrial Center (PVIC). In the spirit of cooperation, each party agreed to invest significant time, money and resources to develop an important industrial asset that we all believe could result in significant economic development in the creation of quality jobs, capturing large capital investments and generating decades of new tax revenues to benefit the City of Ames and the state of Iowa. We also fully recognize the fin ancial benefit to our company of supplying substantial electricity and natural gas loads to new customers that will aid us with capturing new revenues to offset our overall costs to all Iowa-based Alliant Energy customers. We remain confident that it is not a matter of if large industrial businesses will select PVIC, but when, as the level of prospect activity continues to be robust and growing. Recently, Alliant Energy submitted a subdivision plat of the lot at 3700 East Lincoln Way, the northern ~40-acre lot of the ~80-acre parcel located on the south side of Lincoln Way. The subdivision is to accommodate placement of a new PVIC Substation that will be the primary source of electrical power for Prairie View Industrial Center and surrounding area. Prairie View Industrial Center has been and continues to receive significant attention from major business prospects seeking large industrial properties with substantial infrastructure needs, including electrical power. To win those projects for Ames, Alliant Energy and ITC Midwest (Transmission provider) is planning to construct a large substation on this property. This is similar to the investment the City has made in constructing the sewer and water infrastructure along Lincoln Way to attract new industry and the associated workforce to the Ames market. As you are aware, city code requires a sidewalk to be installed by the developer for any property within city limits. This would require a sidewalk along a quarter mile of frontage of Lincoln Way. Given the relative unknowns on the future development of this site, along with the adjoining parcels, Alliant believes it makes sense to defer the sidewalk activity to a later date. There have been discussions with city staff on a future trail along the frontage of the electric substation site, however, no formalized designs or plans have materialized. With that in mind along with the drainage features to contend with on the western sid e and established precedent in the Prairie View Industrial Center, Alliant is formerly requesting a 5 year a deferral from council. Please know that the joint success of PVIC is our collective goal and is of the utmost importance. The City of Ames and Alliant Energy continue to invest significant financial resources into creating a hub in Central Iowa for projects that will provide a major economic impact to the area for decades to come. Thank you for your consideration of this request. Most Respectfully, Mason Adams Alliant Energy 8