HomeMy WebLinkAboutA009 - Council Action Form dated September 26, 2006 - DENIED D�'o (' ,
ITEM # A4 .
DATE 09/26/06
COUNCIL ACTION FORM
SUBJECT: REQUEST TO WAIVE THE SUBDIVISION REQUIREMENT
PERTAINING TO THE INSTALLATION OF SIDEWALKS ALONG THE
NORTH SIDE OF GARDEN ROAD AND ALONG THE EAST SIDE OF
SOUTH DUFF AVENUE AS PART OF A PROPOSED THREE-LOT
SUBDIVISION AT 107, 113, AND 117 GARDEN ROAD
BACKGROUND:
This is a request by the developer of property at 107, 113, and 117 Garden Road for City
Council to waive the requirement for the installation of sidewalk in this proposed three-lot
subdivision. J&e.-proposed sub-da-vision=createsgtwo�--additio-.nahlots-alongzGarden-Road.
The property is located on the northeast corner of the intersection of Garden Road and
Duff Avenue and includes a total of approximately 26,082 square feet (0.60 acres).
Approximately 217.2 feet of sidewalk is required along Garden Road and approximately
120.03 feet of sidewalk along South Duff Avenue. The developer proposes to divide the
property into three lots. This requires approval of a Final Plat by the City Council. aThem
applicantzhas--sig ned:the"SitlewaIk Agreement";which-requires-that=sidewalk.be_insta led
¢prior-to=occupancy-of=the=dwellings;unless=the=City-CounciFwaives therequirement-for:the
4nstallatiomof sidewalk
This is an established residential area of the community. The houses on lots in this area of
the community were built several years ago. Sidewalks-in�this_neigh borhoodeare-limited:
There are no sidewalks along South Duff Avenue, and there--are-no-sidewalks-on either,
-side_of Gar.den=Road-in=the=same-block as a proposed subdivision;or-in=the=nexfiblockao.
,the-,east.
The applicant believes that a sidewalk is not necessary for the proposed subdivision, since
no sidewalk presently exists on the developed properties adjacent to the subdivision, or in
the immediate vicinity. The owner and developer of this three-lot subdivision is Habitat for
Humanity of Central Iowa.The applicant states that the waiver of sidewalks will significantly
reduce the costs of developing the property, and that they are able to pass those savings
along to the homeowners, making the houses they build more affordable.
In May 2005, the City Council considered a request to waive the requirement to install
sidewalk for a two-lot subdivision, located two blocks east of this subdivision on the
northeast corner of Garden Road and Willowbrook Circle. Approximately 250 feet of
sidewalk was required along Garden Road, and approximately 283 feet of sidewalk was
required along Willowbrook Circle. The City Manager had recommended that installation of
the sidewalk be deferred, and that an agreement be executed between the applicant and
the City, accompanied by financial security to cover the estimated cost of sidewalk
installation. The City Council chose to grant the request of the applicant, and waived the
requirement for installation of the sidewalk.
After approval of this subdivision, there will be 11 properties on the north side of Garden
Road between South Duff Avenue and the beginning of sidewalk at 501 Garden Road.
Three of the 11 properties are included in the proposed subdivision. If sidewalk had been
required for the two-lot subdivision at Garden Road and Willowbrook Circle, installation of
sidewalk for this subdivision would now have provided sidewalk on nearly one-half of the
properties on the north side of the street, in this 2-1/2 block stretch of Garden Road.
It is important to note that safety for pedestrians and young children that may live in the
homes built in this three-lot subdivision is at greater risk without the installation of a
sidewalk in this new subdivision. The speed limit for traffic on this section of South Duff
Avenue is 45 mph. As vehicles proceeding south on South Duff Avenue make a left turn
onto Garden Road, the drivers of those vehicles must account for rapidly approaching
traffic from the south, and rapidly approaching traffic from the north. At times,this makes it
necessary to turn quickly from South Duff Avenue onto Garden Road to avoid a potential
collision with approaching traffic. This traffic movement is complicated further by on-street
parking that is allowed on both sides of Jewel Drive. These factors make it especially
important that a sidewalk exist for pedestrians and young children living in this subdivision.
The City's subdivision regulations require the installation of sidewalks in new subdivisions,
but provide for the "deferment" of the installation of sidewalk in new subdivisions where
installation of sidewalk is premature (Section 23.403).
Section 23.403(14)(a) of the Municipal Code states the following:
(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
four-foot wide concrete sidewalk shall be installed in the public right-of-way
along each side of any street within residentially and commercially zoned areas
and along at least one side of any street within industrially zoned areas. Such a
sidewalk shall connect with any sidewalk within the area to be subdivided and
with any existing or proposed sidewalk in any adjacent area. Any required
sidewalk shall be constructed of concrete and be at least four feet wide.
(i) A .deferment for the installation of sidewalks may be granted by the City
Council when topographic conditions exist that make the sidewalk installation
difficult or when the installation of the sidewalk is premature. Where the
installation of a sidewalk is deferred by the City Council, an agreement will
be executed between the property owner/developer and the City of Ames
that will ensure the future installation of the sidewalk. The deferment
agreement will be accompanied by a cash escrow, letter of credit, or other
form of acceptable financial security to cover the cost of the installation of the
sidewalk.
2
a
Given the adopted policy for the installation of sidewalk, as described in Section 23.403
(14)(a) of the Municipal Code, and the safety concerns, as described in this report, for
pedestrians and children near the intersection of South Duff Avenue and Garden Road,
staff does not support a waiver or deferral, but instead,supports installation of the sidewalk
along Garden Road and along South Duff Avenue for this entire three-lot subdivision.
If the City Council chooses to grant a deferral of the sidewalk installation, it will be required
that the applicant provide financial security to cover the future cost of sidewalk installation.
The amount of financial security that would be required is based on an estimated cost of
$15.00 per lineal foot of sidewalk. The total cost for the installation of sidewalk along
Garden Road and along South Duff Avenue for this three-lot subdivision is$5,058 (337.23
lineal feet multiplied by $15.00 per lineal foot of sidewalk).
ALTERNATIVES:
1. The City Council can deny the applicant's request to waive the requirement for the
installation of sidewalk at 107, 113, and 117 Garden Road, and require the
installation of sidewalk along South Duff Avenue and along Garden Road for the lot
at 107 Garden Road, and along Garden Road for the lots at 113 and 117 Garden
Road, prior to the issuance of an occupancy permit as each house is built.
2. The City Council can deny the applicant's request to waive the requirement for the
installation of sidewalk at 107, 113, and 117 Garden Road, along both Garden Road
and South Duff Avenue, and direct the City Attorney to prepare a sidewalk
deferment agreement, to be executed by the applicant and the City of Ames,
accompanied by financial security to be provided by the developer in the amount of
$5,058 for the estimated cost of sidewalk construction.
3. The City Council can deny the applicant's request to waive the requirement for the
installation of sidewalk at 107, 113, and 117 Garden Road, and require the
installation of sidewalk only along Garden Road, prior to the issuance of an
occupancy permit as each house is built, and direct the City Attorney to prepare a
sidewalk deferment agreement, to be executed by the applicant and the City of
Ames, accompanied by financial security to be provided by the applicant in the
amount of$1,800 for the estimated cost of sidewalk construction along South Duff
Avenue, on the lot at 107 Garden Road.
4. The City Council can approve the applicant's request to waive the requirement for
the installation of sidewalks at 107, 113, and 117 Garden Road, along both Garden
Road and South Duff Avenue.
Under Section 23.103 of the Municipal Code, the Council would have to conclude
that strict compliance with the sidewalk requirements will result in extraordinary
hardship or will prove inconsistent with the purpose of the sidewalk regulations due
to unusual topography or other conditions.
5. The City Council can refer this request back to the staff for additional information.
3
MANAGER'S RECOMMENDED ACTION:
Until recently,the subdivision regulations required a developer to install sidewalks on both
sides of a street. However, the City Council began receiving more and more requests to
waive the sidewalk requirement for both sides of a street because of the additional cost or
because the required sidewalk would not connect with an existing segment. Therefore, in
May 2004,the City Council adopted a new deferral option as an alternative to total waivers.
Staff is unable to conclude, as required by the ordinance, that a requirement to install
sidewalks will result in extraordinary hardship or will prove inconsistent with the purpose of
the sidewalk regulations due to unusual topography or other conditions. In fact, the
installation of sidewalks now will provide a safer pedestrian environment for the three
families living in these homes. This could also be a step towards the eventual completion
of sidewalks along Garden Road, which is the recommended elementary school walking
route for this area.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1., to deny the applicant's request to waive the requirement for the
installation of sidewalk at 107, 113, and 117 Garden Road, and require the installation of
sidewalk along South Duff Avenue and along Garden Road for the lot at 107 Garden Road,
and along Garden Road for the lots at 113 and 117 Garden Road, prior to the issuance of
an occupancy permit as each house is built.
4
• ' Habitat
for Humanity'
of Central Iowa
Building
houses,
building
hope
August 28, 2006
Ames City Council
515 Clark Ave.
Ames, IA 50010
Member of City Council,
We are requesting the waiver of sidewalks on the property we are developing at the
corner.of South Duff Avenue and Garden Road. There are no sidewalks on the
neighboring properties on either side of the property.
The waiver of sidewalks will significantly reduce the costs of developing the property.
We are then able to pass those savings along to our Partner Families, making the houses
we build more affordable.
Thank you for the consideration of this request.
Sincerely,
Stacy Dr r
Executive Director
401 Clark Ave..Ste.100
Ames,IA 50010-6173
(515)232-8815
fax(515)233-2650
www.hfhci.org
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Location Map : .
J Genesis Subdivision
3 3
'e 0 145 290 580
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CAFAP ROVAL
SS BK SL
DM JP 11
To be sent to:
Stacy Dreyer, Executive Director T/ '
Habitat for Humanity of Central Iowa
401 Clark Avenue, Suite #100
Ames, Iowa 50010