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In the best interests of the City and to assist the subdivider in harmonizing the subdivider’s interests with those of the City, the following regulations are adopted in order that adherence to same will bring results beneficial to both parties. It is deemed necessary to establish minimum standards for the design and development of all new subdivisions in order to eliminate piecemeal planning of subdivisions which brings about undesirable disconnected patchwork of pattern and poor circulation of traffic. It is the duty of the Plan and Zoning Commission to require that all regulations set forth in this chapter be complied with before giving its approval. It is the purpose of this chapter to make certain regulations and requirements for the platting of land which the Council deems necessary for the health, safety, and general welfare of the City.
This chapter governs the subdivision and platting of all lands within the corporate limits of the City and the unincorporated area with two miles of the corporate boundaries of the City. It is the specific intent and purpose of this provision to extend all applicable regulations concerning the subdivision of land as set forth in this chapter to all land within two miles of the corporate boundaries of the City and to establish the City’s jurisdiction for review and approval of such subdivision to such areas, all as is specifically provided for and authorized under Section 354.9 of the Code of Iowa. This section shall be construed and interpreted in all manners so as to comply with said Section 354.9 of the Code of Iowa. As allowed by Iowa Code Section 354.9, the City of Ankeny, Iowa, shall review all plats of survey within two miles of its City limits.
(Ord. 1637 - Jul. 09 Supp.)
For the purpose of this chapter, the following words and terms are defined.
1. “Alley” means a public right-of-way which affords a secondary means of access to abutting property.
2. “Block” means an area of land within a subdivision that is entirely bounded by streets or by streets and an exterior boundary or boundaries of the subdivision.
3. “Building line” means a line on a plat between which line and a street no building or structure may be erected.
4. “City Engineer” means the person or persons hired by the City, either full time or part time, with the authority to perform the official inspections and other functions designated by the Council necessary for the enforcement of the regulations set forth in this chapter.
5. “Collector street” means the street or thoroughfare which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
6. “Commission” means the City Plan and Zoning Commission.
7. “Comprehensive plan” means the comprehensive plan adopted by the Council, known as the “Comprehensive Plan for Ankeny,” together with all changes and amendments thereto which are adopted from time to time.
8. “Cul-de-sac” means a minor street having one end open to traffic, the other being permanently terminated by a vehicle turnaround.
9. “Design standards” means the specification to land owners or subdividers for the preparation of plats, indicating, among other things, the optimum, minimum and maximum dimensions of such items as rights-of-way, blocks, easements, and lots.
10. “Easement” means a grant by a property owner of the use of land for construction or maintenance of facilities in accordance with the comprehensive plan, together with all changes and amendments thereto which are adopted from time to time.
11. “Lot” means a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
12. “Major thoroughfare street” means any street which is used primarily for fast, intense volume, mixed vehicular through traffic.
13. “Marginal-access street” means any minor street which is parallel to and adjacent to arterial streets and highways, and which provides access to abutting properties and protection from through traffic.
14. “Minor street” means a street used primarily for access to the abutting properties.
15. “Outlot” means a portion of a platted subdivision or other parcel of land not intended by its owner for immediate building development.
16. “Plat” means a graphic presentation on which a plan for the division of land is presented and which is submitted for approval and subsequent action.
17. “Roadway” means the paved area within a street right-of-way available or to be available for vehicular traffic, including all curb and gutter facilities.
18. “Street” means the right-of-way or easement which serves or is to serve as a vehicular and pedestrian access to abutting lands.
19. “Subdivider” means any person, partnership, corporation, trustee, trust or other legal entity commencing proceedings under this title to effect a subdivision of land.
20. “Subdivision” means the division of land into three or more lots for the purpose, whether immediate or future, for transfer of ownership or building development; or any change in existing street lines or public easements. The term includes resubdivision and, when appropriate to context, shall relate to the process of subdividing or to the land subdivided.
Applicants wishing to submit a subdivision plat shall first consult with the City engineering department in order to review the feasibility and design of the proposed development. The applicant is encouraged to meet with the utility companies to receive any comments they may have prior to the conference. The applicant shall submit a sketch plan to the City engineering department at the time of such pre-application conference. The purpose of such pre-application conference is:
1. To acquaint the applicant with the subdivision regulations and related requirements of the City;
2. To review the sketch plan with the applicant;
3. To list the requirements that the applicant must comply with prior to the submission of the preliminary plat or final sketch plan;
4. To establish the applicable street widths for the subdivision under the provisions of Section 200.31;
5. To determine whether the developer wishes to request waivers of any subdivision regulations pursuant to the provisions of 200.40.
Whenever the tract to be subdivided is of such unusual topography, size or shape that the strict application of the subdivision requirements would result in substantial hardship or whenever the strict application of the subdivision requirements would be contrary to the public interest, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner; provided, such variance or modification will not have the effect of nullifying the intent and purpose of the subdivision regulations for the City or of interfering with carrying out the comprehensive plan.
If the developer requests a waiver of any requirements of the subdivision regulations, the developer shall submit to the City engineering department the following items:
1. A written letter requesting a waiver with specific reference to the applicable code section or sections.
2. Fourteen copies of a sketch plan. Sketch plan should be revised to indicate those changes being made by the developer as a result of the pre-application conference.
3. Any report or items which may be applicable to the waiver request which developer wishes to submit.
4. After receipt of the sketch plan and request for waiver, the City engineering department shall immediately forward the same to the Commission along with the written recommendation of the City engineering department.
5. The Commission shall thereupon proceed in accordance with the provisions of Section 200.40.
The engineering department shall submit a copy of the sketch plan to the following:
1. City Water, Waste Water and Streets Departments;
2. City Engineering Department;
3. City Building Inspection Department;
4. School Superintendent;
5. Parks Department; and
6. Utility franchise holders.
The sketch plan is intended to reflect the general intentions of the developer with regard to layout of lots, streets and utilities. It is also intended to provide a worksheet for discussion and revision. The sketch plan shall be made at a maximum scale of one inch equals one hundred feet. The sheet size shall be eighteen inches by twenty-four inches. The sketch plan shall contain the following information:
1. Name, address and phone number of the applicant and owner;
2. Date of preparation, scale and north arrow;
3. Existing and proposed land use and zoning;
4. Proposed lot locations and sizes;
5. Major street and utility extensions;
6. Proposed layout of internal streets and utilities;
7. Adjacent existing street and utility layout;
8. Adjacent land uses and zoning;
9. Vicinity sketch;
10. 100-year flood elevation data.
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