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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. 1 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 2 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 3 (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 4 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 5 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 6 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). 7 Attachment A Approved Preliminary Plat (Excerpts) 8 9 10 11 Attachment B Approved Final Plat 12 Existing Sanitary Sewer Easement 13 Attachment C Location Map 14 Attachment D Proposed Easements 15 16 17 Attachment E Proposed Changes New Sanitary Sewer Alignment & Easement New Public Utility Easement 18