HomeMy WebLinkAboutA001 - Council Action Form dated July 14, 2026ITEM #:46
DATE:07-14-26
DEPT:P&H
SUBJECT:MAJOR AMENDMENT TO FINAL PLAT FOR ISU RESEARCH PARK PHASE
IV, FIRST ADDITION, TO MODIFY THE LOCATION OF A SANITARY SEWER
EXTENSION
COUNCIL ACTION FORM
BACKGROUND:
On February 10, 2026, Council approved the Preliminary Plat for the Iowa State University
Research Park Phase IV, First Addition (Resolution 26-080) (Attachment A). On April 14,
2026, Council approved the final plat for the same subdivision (Resolution 26-226)
(Attachment B). The plat created one large lot (15.06 acres) and one large outlot (20.35 acres)
and also dedicated right-of-way (1.46 acres) out of a large parcel (36.87 acres). The property
occupies most of a quarter-quarter section; a 3.17-acre parcel (Parcel B) in the middle of the
west side (along University Boulevard/530th Avenue) had a different owner at the time of
platting (Attachment C).
The 3.17-acre piece is outside of the City; the 36.87-acre parcel was annexed in 2025. At the
time of the annexation, the 3.17-acre parcel (Parcel B) was excluded from the annexation. The
36.87 acres came into the City as a voluntary annexation.
At the time that Lot 1 was platted, the City sewer was intended to be located east of
Parcel B as neither it nor the adjacent right-of-way were in the City limits. The sewer
line thus took a circuitous route through Lot 1. The sewer line has not yet been
installed.
The 3.17-acre Parcel B was recently purchased by the ISU Research Park with the intention of
incorporating it into the neighboring Lot 1. This purchase means that the sewer line, which
extends from the north across the neighboring lot to the north, can now be routed out to
University Boulevard/530th Avenue. The sewer will parallel University Boulevard and cross the
front of Parcel B, which was previously not possible. The intent is to annex Parcel B in the
future.
The goal of this final plat is to move the sewer easement, which was created by the ISU
Research Park Phase IV, First Addition final plat. No other boundary changes are
proposed. Additional public utility easements are proposed along University Boulevard
for the placement of the sewer (Attachments D & E).
Lot 1 is zoned Research Industrial (RI); Outlot A is zoned Agricultural (A). Parcel B is zoned A-
1 in Story County.
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MAJOR AMENDMENT & WAIVER REQUEST:
The Subdivision Code defines what is considered a Minor or Major Amendment to a plat.
Rerouting of a sewer easement qualifies as a Major Amendment (Sec. 23.306 - see
Addendum). Major Amendments are required to amend the Preliminary Plat as that is the
permit type is where design issues are typically addressed before Final Plat approval.
Since no lot lines are proposed to move and only a relocation of the sewer to the right-
of-way must occur, the applicant is requesting a waiver to the requirement to have a
Preliminary Plat for a Major Amendment due to the nature of the change.
The proposed routing of the sewer in University has already been reviewed by Public Works,
which supports the change. No other properties outside of ISURP ownership are impacted by
the change. There is no change to the overall lot configuration or intended uses of the lots
which could warrant a new preliminary plat.
ALTERNATIVES:
1. Approve the following Amendment to ISU R esearch Park Phase IV, First Addition :
a. Waiver to the requirement for a preliminary plat
b. Resolution accepting additional easements and amendments to Agreement for
Public Improvements for Plat
2. Deny the following Amendment to ISU R esearch Park Phase IV, First Addition :
a. Waiver to the requirement for a preliminary plat
b. Resolution accepting additional easements and amendments to Agreement for
Public Improvements for Plat
3. Refer this item back to staff for further information.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed easements and amendment to the Iowa State University Research Park
Phase IV, First Addition Final Plat make changes to sewer and public utility easements.
No other alterations or changes, including property lines, are proposed. These changes
are deemed to be in compliance with the requirements found in the Chapter 23,
Subdivisions. Therefore, it is the recommendation of the City Manager that Council approve
Alternative #1 as described above.
ATTACHMENT(S):
Addendum.pdf
Attachment A - Approved Preliminary Plat.pdf
Attachment B - Approved Final Plat.pdf
Attachment C - Location Map.pdf
Attachment D - Proposed Easements.pdf
Attachment E - Proposed Changes.pdf
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Addendum
Subdivision Code Excerpts
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.
(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:
(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.
Sec. 23.302. MAJOR SUBDIVISIONS.
(1) Major Subdivision Preliminary Plat Procedure: The Applicant shall file a complete
Application for Preliminary Plat Approval of a Major Subdivision with the
Department of Planning and Housing at least 15 days prior to a regular meeting
of the Planning and Zoning Commission and no later than 180 days after
issuance of the classification as major subdivision.
(a) An Application for Preliminary Plat Approval of a Major Subdivision shall
include:
(i) a completed Application Form (entitled "Application for Preliminary
Plat Approval of a Major Subdivision") available from the
Department of Planning and Housing;
(ii) twelve paper copies no larger than 24” X 36” and one black line
copy no larger than 11" x 17" of a Preliminary Plat prepared in
accordance with subsection 23.501. The Planning and Housing
Director may allow for electronic submittals of Preliminary Plat
documents in lieu of all or some of the required paper copies;
(iii) an electronic format portable document file (PDF) as approved by
the City and a CAD drawing to City specifications if requested; and
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(iv) any filing fee established by the City Council.
(b) An application for Preliminary Plat Approval of a Major Subdivision shall
be deemed "complete" for the purpose of commencing time periods within
which action is required when so certified by the Department of Planning
and Housing.
(2) Staff and Agency Review of Preliminary Plat; Concurrent Review by County:
(a) The Department of Planning and Housing shall distribute a copy of the
Preliminary Plat to the Department of Public Works and such other
departments, persons, and utility companies as it determines may be
necessary or appropriate for their review, comments, and
recommendations. City staff may request additional information from the
applicant to address the project’s consistency with the City standards and
ordinances. The Department of Planning and Housing shall assemble,
review, and report on any comments or recommendations submitted to it
for consideration by the Planning and Zoning Commission.
(b) In addition, where the proposed subdivision occurs within the two-mile
radius of the City in which either Story County or Boone County
subdivision regulations will also apply, the Applicant shall be required to
demonstrate compliance with all applicable requirements set forth in such
county regulations prior to approval of the Preliminary Plat by the City
Council. Pursuant to Section 354.9 Code of Iowa, the City has power of
review of all subdivisions outside the City within two miles distance of the
City’s boundaries in both Boone County and Story County.
(3) Planning and Zoning Commission Review:
(a) Public Hearing Required. The Planning and Zoning Commission shall
consider the proposed Preliminary Plat at a public hearing conducted as
part of a regularly scheduled meeting. Notice of the public hearing shall
be made by mail, as provided for by Section 29.1500(2)(d)(i), by posted
notice, as provided for by Section 29.1500(2)(d)(iii), and as may be
required by Chapter 21 of the Iowa Code.
(b) The Planning and Zoning Commission shall examine the Preliminary Plat,
any comments, recommendations, or reports assembled or made by the
Department of Planning and Housing, and such other information as it
deems necessary or desirable to consider.
(c) Based upon such examination, the Planning and Zoning Commission
shall ascertain whether the Preliminary 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.
(4) Planning and Zoning Commission Recommendation: Following such
examination and within 30 days of the regular meeting of the Planning and
Zoning Commission at which a complete Application is first formally received for
consideration, the Planning and Zoning Commission shall forward a report
including its recommendation to the City Council. The Planning and Zoning
Commission shall set forth its reasons for any recommendation to disapprove or
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to modify any Preliminary Plat in its report to the City Council and shall provide a
written copy of such reasons to the developer.
(5) City Council Review of Preliminary Plat: All proposed subdivision plats shall be
submitted to the City Council for review and approval in accordance with these
Regulations. The City Council shall examine the Preliminary Plat, any comments,
recommendations, or reports examined or made by the Planning and Zoning
Commission, and such other information as it deems necessary and reasonable
to consider.
(6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether
the Preliminary 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. In particular, the City Council shall determine whether the
subdivision conforms to minimum levels of service standards set forth in
the Land Use Policy Plan for public infrastructure and shall give due
consideration to the possible burden of the proposed subdivision on public
improvements in determining whether to require the installation of
additional public improvements as a condition for approval.
(b) Following such examination and within 30 days of the referral of the
Preliminary Plat and report of recommendations to the City Council by the
Planning and Zoning Commission, the City Council shall approve,
approve subject to conditions, or disapprove the Preliminary Plat. The City
Council shall set forth its reasons for disapproving any Preliminary Plat or
for conditioning its approval of any Preliminary Plat in its official records
and shall provide a written copy of such reasons to the developer.
(7) Effect of Approved Preliminary Plat:
(a) An approved Preliminary Plat authorizes the making or installation of any
required improvements shown on the Preliminary Plat after the Municipal
Engineer reviews and provides written approval of construction plans,
including any appropriate profiles or cross sections, for improvement of
public ways, public infrastructure, and public utilities.
(b) An approved Preliminary Plat shall be valid for one year from the date on
which the City Council approves the Preliminary Plat, by which time the
Applicant shall submit an Application for Final Plat Approval or the
Preliminary Plat shall become null and void unless the City Council has
granted an extension of time for the validity of the Preliminary Plat for a
period not to exceed one additional year beyond the expiration of the
original one year period of validity. If the approval period expires without
an Application for Final Plat Approval, nor an extension, the Applicant
shall be required to resubmit a Sketch Plan pursuant to currently existing
Regulations.
(c) The City Council may require that all public improvements described on
the approved Preliminary Plat for a Major Subdivision be installed and
dedicated prior to approval of the Final Plat. If the City Council does not
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require that all public improvements be installed and dedicated prior to
approval of the Final Plat, the City Council shall require the Applicant to
execute an Improvement Agreement as set forth in Section 23.304 and
provide security in the form of an Improvement Guarantee as set forth in
Section 23.409 of the Regulations. Between the approval of the
Preliminary Plat and submission of an Application for Final Plat Approval
of a Major Subdivision, the Applicant must either complete all indicated
improvements to the satisfaction of the City or enter into an Improvement
Agreement to do so.
Sec. 23.306. AMENDMENTS.
(1) Any changes to the design, layout, configuration, circulation pattern, access, or
dimensions of a preliminary or final plat shall be considered as either a major or
minor amendment to the plat, as follows:
(a) Minor Amendment. Minor amendments are those that:
(i) Do not result in any more than one additional lot, net;
(ii) Do not result in any fewer lots than allowed by minimum density
standards applicable to the subdivision;
(iii) Do not change the category of the originally approved subdivision
from a minor subdivision to a major subdivision
(iv) Do not change the dimensions of any lots that do not otherwise
comply with adopted lot dimensional standards, or which otherwise
results in a non-conforming lot;
(v) Do not change the general layout of utilities, drainage patterns,
storm water facilities, streets, alleys and/or easements;
(vi) Are not inconsistent with an approved master plan associated with
the subdivision; and
(vii) Make only minor adjustments in the alignment or dimensions of
streets, lots, alleys, and/or easements as otherwise allowed by
adopted standards as opposed to deletions, additions, or
relocations of said streets, lots, alleys, and/or access easements.
(b) Major Amendments. Major amendments are those that:
(i) Eliminate any access easements or rights-of-way identified on the
preliminary or final plat;
(ii) Eliminate or revise any plat conditions, restrictions, or covenants
on or associated with the plat, and
(iii) Are not otherwise defined as a minor amendment under the
provisions of this Section.
(2) Amendment Process. Amendments shall be processed as follows:
(a) Minor amendments to a preliminary plat may be made at the time of final
plat approval. Minor amendments to a final plat may be processed as a
minor subdivision, under the provisions of Section 23.303.
(b) Major amendments shall be processed as an amendment to the original
preliminary plat. An application for a major amendment shall include all
information required for a preliminary plat application, except that
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information pertaining to ownership, and information pertaining to existing
physical features or structures, shall be required only for those areas of
the plat affected by the amendment. (Note: Plat conditions/restrictions,
easements, and other rights or forms of ownership defined by geographic
area may have claim by property owners beyond the defined area. All
persons or entities whose ownership or other legal rights are affected by
the proposed amendment shall be a party to the amendment application).
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Attachment A
Approved Preliminary Plat (Excerpts)
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Attachment B
Approved Final Plat
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Existing Sanitary
Sewer Easement
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Attachment C
Location Map
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Attachment D
Proposed Easements
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Attachment E
Proposed Changes
New Sanitary
Sewer Alignment
& Easement
New Public
Utility Easement
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