HomeMy WebLinkAboutA005 - Council Action Form dated September 23, 2025ITEM #:29
DATE:09-23-25
DEPT:P&H
SUBJECT:MINOR FINAL PLAT FOR BILLY SUNDAY SUBDIVISION AT 731 BILLY
SUNDAY ROAD
COUNCIL ACTION FORM
BACKGROUND:
The City of Ames is proposing a Minor Subdivision Final Plat to divide the 24.92-acre parcel at
731 Billy Sunday Road into three (3) lots (see Attachment A – Location Map, Attachment B -
Zoning Map, Attachment C - Final Plat). The property is generally located southeast of the
Duff Avenue and U.S. Highway 30 intersection, north of Billy Sunday Road. The site currently
includes property leased to the United States as an Army Reserve Center, the Ames Animal
Control Shelter, and the drive for access to the Hunziker Youth Sports complex. The City
proposes to divide the site with the intent of selling the property for future commercial
development.
A minor subdivision includes three or fewer lots and does not require additional public
improvements. No public improvements are planned as part of this subdivision as existing
infrastructure is in place to serve existing and future development.
Lot 1 includes 6.28 acres and is occupied by the United States Army Reserve Center. Lot 2
includes 14.83 acres with the sports complex driveway and the Animal Shelter with the
remainder of the area as vacant undeveloped area, Lot 3 is a “flag lot” and includes 3.81
acres, is presently vacant, and is planned as the site for a billboard along the U.S. Highway 30
corridor. The purpose of the flag lot is to provide a minimum of thirty-five (35) feet of frontage
on a public street, as required by the City’s adopted Subdivision regulations.
Proposed Lot 1 is accessed from Billy Sunday Road. Lots 2 and 3 will have access from an
existing drive with a newly proposed ingress/egress easement that is approximately 40 feet
wide (see Attachment D - Ingress/Egress Easement).
The site currently has split zoning of Highway Oriented Commercial (HOC) and Government
Airport (S-GA). The zoning boundaries are not adjusted with the subdivision. The site has split
zoning to recognize the government use of of the Reserve Center and the formerly planned
site of a new Animal Shelter near the Dog Park, which is no longer planned at this location.
Development of the sites within the HOC zoning is permissible as-is, but a future cleanup
rezoning could be needed before eventually selling any of the lots.
SIDEWALK WAIVER :
City staff is requesting a waiver of sidewalk requirements along the north side of Billy Sunday
Road under Section 23.103(1), Waiver/Modification, of the Subdivision Ordinance. This
provision of the Code allows the City Council to waive requirements of the regulations, such as
the requirement for sidewalk along the street in a commercial zone (Section 23.403 (14),
Sidewalks and Walkways), that would prove inconsistent with the purpose of the Regulations
because of unusual topography or other conditions. Sidewalk installation is required within 3
1
years of final plat approval.
In this particular case, the rationale for granting of the waiver is the condition of the site
and that the topography is not conducive to the construction of a sidewalk along the
public right-of-way, See the Municipal Code regulations in Attachment E - Subdivision Code
Excerpts. Due to the timing of moving the Animal Shelter from Lot 2, it is unknown if the lots
would be sold and developed within three years of the plat. Additionally, future development of
the site with buildings will include driveway improvements and grading of the site that will
make installation of a sidewalk more practicable.
At this time staff is recommending waiving the sidewalk installation requirement within
3 years of final plat approval due to the timing of the potential sale of the lots and the
topographic conditions that exist. However, future development with a building would
still be subject to the City's sidewalk standards of the Ames Municipal Code.
ALTERNATIVES:
1. The City Council can do the following:
a. Grant the waiver of the sidewalk installation along the north side of Billy Sunday Road.
b. Approve the Minor Final Plat for Billy Sunday Subdivision, with the proposed access
easement, based upon the findings and conclusions stated above.
2. Deny the Final Plat for Billy Sunday Subdivision, on the basis that the City Council finds
the proposed subdivision does not comply with applicable ordinances, standards, or
plans.
3. Refer this request back to staff for additional information.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed Final Plat for Billy Sunday Subdivision is consistent with the City's
existing subdivision and zoning regulations. The provision of the proposed access
easement ensures that access is provided through the subdivision from Billy Sunday
Road to the east boundary of the site to serve and maintain the established means of
access to the Ames Sports Complex. Waiver of the requirement for a sidewalk is
needed given the site conditions, in particular, the existing topography and the planned
relocation of the Animal Shelter to allow for sale of the land for commercial
development. Therefore, it is the recommendation of the City Manager that the City Council
accept Alternative #1.
ATTACHMENT(S):
Attachment A - Location Map.pdf
Attachment B - Zoning Map.pdf
Attachment C - Final Plat - Sheet 1.pdf
Attachment C - Final Plat - Sheet 2.pdf
Attachment D - Ingress-Egress Easement.pdf
Attachment E - Subdivision Code Excerpts.pdf
Attachment E - Subdivision Code Excerpts Pg 2.pdf
2
Attachment A
Location Map
3
Attachment B
Zoning Map
4
Attachment C
Final Plat (Sheet 1 of 2)
5
Attachment C
Final Plat (Sheet 2 of 2)
6
Attachment D
Ingress/Egress Easement
7
1
Attachment E
Subdivision Code Excerpts
Ames Municipal Code Section 23.103(1) 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 because 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.
Ames Municipal Code Section 23.303(3) states as follows:
Sec. 23.303. MINOR SUBDIVISIONS FINAL PLAT.
(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.
8
1
Attachment E
Subdivision Code Excerpts (Pg. 2)
Ames Municipal Code Section 23.403(14)(a) states as follows:
Sec. 23.403. STREETS.
(14) Sidewalks and Walkways:
(a) Sidewalks and walkways shall be designed to provide convenient access to all
properties and shall connect to the City-wide sidewalk system. A minimum of
a five-foot wide concrete sidewalk shall be installed in the public right -of-way
along each side of any street in all zoning districts except General Industrial
and Planned Industrial. A minimum of a five-foot wide concrete sidewalk shall
be installed in the public right-of-way along one side of any street in the General
Industrial and Planned Industrial zoning districts. If constraints exist that
preclude installation of a sidewalk within the public right-of-way, the subdivider
shall install the required sidewalk on adjacent land within a sidewalk easement.
All required sidewalks shall connect with any sidewalk within the area to be
subdivided and with any existing or proposed sidewalk in any adjacent area.
9