HomeMy WebLinkAboutA002 - Council Action Form dated March 24, 2009 ITEM #: 21
DATE: 3124/09
COUNCIL ACTION FORM
SUBJECT: MAJOR FINAL PLAT FOR SOMERSET SUBDIVISION, 23RDADDITION
BACKGROUND:
Chuck Winkleblack, representing E.A. Hunziker Development, LLC, D&R Furman, LLC,
and R. Friedrich and Sons, Inc., are requesting approval of the Major Final Plat for
Somerset Subdivision, Twenty-Third Addition. This is a replat of Lots 52 through 63
inclusive, in Somerset Subdivision, Second Addition, which consolidates the 12 lots into 5
new lots for the construction of single-family detached homes. The land is presently zoned
as: "F-VR" (Village Residential). This site, which includes 0.96 acres, is an infill area of
Somerset Subdivision with lots that were previously planned for the construction of"Row
Houses", which are single-family attached.
The following documents have been submitted and are associated with this Final Plat
application:
• Resolution Accepting the Final Plat of Somerset Subdivision, Twenty-Third
Addition;
Consent;
• Mortgagee's Consent to Platting;
Attorney's Opinion, which states that fee simple title to the real estate is vested
in E.A. Hunziker Development, L.L.C. f/k/a Erben Hunziker and Margaret
Hunziker Development, L.L.C., D&R Furman, L.L.C. and R. Friedrich and Sons,
Inc.;
Certificate of the Treasurer of Story County, Iowa, certifying that the subject
property is free from certified taxes and special assessments;
Easements to be granted to the City of Ames for public utilitiessand surface
water flowage; and
• Agreement for Sidewalk and Street Trees;
On November 6, 2008, the Major Site Development Plan/Preliminary Plat for Somerset
Subdivision was amended by the City Council to allow the construction of"Village Houses"
(single-family detached homes) on the five proposed lots included in this proposed Final
Plat. The street trees required for the proposed subdivision are part of the original approval
of the Preliminary Plat for Somerset Subdivision. The resolution approving Amendments to
the Major Site Development Plan/ Preliminary Plat included the following stipulations for
approval:
• Approval of revisions to the approved Major Site Development Plan/Preliminary Plat to
reduce the number of"row houses"from 21 to 9, subject to a zoning text amendment to
change the residential land use allocation for row houses in the Village Residential
Floating Zone. If the proposed zoning text amendment is not approved by the Council,
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the recommendation would be to deny the applicant's request to reduce the number of
row houses. This approval is also conditional upon the construction of village houses
on the subject property, which are consistent with the quality, detail, and design of the
existing village houses located on the north side of Camden Drive, and subject to the
village houses having vehicular access to garages only from the alley and not from
Bristol Drive.
Section 23.403(14)(a)(i)of the Municipal Code, pertaining to deferral of sidewalks and the
requirement for financial securities to guarantee installation of said improvements (see
attached applicable law citations) applies to the proposed subdivision. There is no
financial security on file with the City Clerk's office for sidewalks or street trees as
required by Section 23.403.The Preliminary Plat shows sidewalks and street trees to
be installed in the right-of-way for Bristol Drive, adjacent to each of the five
proposed lots.
Section 23.403 (14) allows deferment of sidewalks with financial security when
installation is considered premature. However, it has been past practice to accept a
signed,written agreement from the owner(Agreement for Sidewalk and Street Trees)
specifying that occupancy of new structures will not be permitted by the City until
the sidewalks and street trees associated with the individual lot are installed.
Consistent with this practice, the City Council may wish to waive this condition and
allow sidewalks and street trees to be deferred without financial security until
occupancy of structures on abutting sites. City staff will be addressing how this
issue should be addressed more broadly and bring back recommendations on the
application of current codes. This is the same procedure that was used by the City
Council in the review and approval of the Final Plat for Estates West, Second
Addition on October 14, 2008.
Staff finds that the Preliminary Plat conditions for approval have been satisfied, with the
exception of the requirement for financial security forthe sidewalks. However, if the Council
agrees that this condition should be waived, this would be consistent with past practice.
Except for this issue, staff concludes that the proposed Final Plat complies with relevant
and applicable design standards of Ames Municipal Code Chapter 23, Subdivisions, to
other City ordinances and standards and to the City's Land Use Policy Plan.
ALTERNATIVES:
1. The City Council can:
a) -waive the subdivision code requirement for financial security for sidewalks since the
Developer, in accordance with our past practice, has signed the Agreement for
Sidewalk and Street Trees that requires the installation of these improvements prior to
occupancy or within 24 months of issuance of a building permit;
b) approve the Final Plat of Somerset Subdivision,Twenty-Third Addition based upon
staff's findings and conclusions stated above;
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c) accept the Easement Grants to the City; and
d) approve the Agreement for Public Improvements.
2. If the City Council finds that the conditions of approval for the Final Plat have not been
adequately satisfied, the City Council can deny approval of the Final Plat for Somerset
Subdivision, Twenty-Third Addition.
3. The City Council can refer this back to staff and/or the owner for additional information.
MANAGER'S RECOMMENDED ACTION:
The proposed Final Platfor Somerset Subdivision,Twenty-Third Addition is consistentwith
the requirements of a major subdivision and the stipulations for approval of the Major Site
Development Plan/Preliminary Plat, subject to approval of a waiver of financial security for
sidewalks.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1. Approval of the resolution will allow the Final Plat for Somerset
Subdivision, Twenty-Third Addition and accompanying documents to be recorded in the
office of the County Recorder.
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ATTACHMENT A: APPLICABLE LAW
The laws applicable to this case file are as follows:
Code of Iowa Chapter 354.8 states in part:
A proposed subdivision plat lying within the jurisdiction of a governing body shall be
submitted to that governing body for review and approval prior to recording. Governing
bodies shall apply reasonable standards and conditions in accordance with applicable
statutes and ordinances for the review and approval of subdivisions. The governing body,
within sixty days of application for final approval of the subdivision plat, shall determine
whether the subdivision conforms to its comprehensive plan and shall give consideration to
the possible burden on public improvements and to a balance of interests between the
proprietor,future purchasers, and the public interest in the subdivision when reviewing the
proposed subdivision and when requiring the installation of public improvements in
conjunction with approval of a subdivision. The governing body shall not issue final
approval of a subdivision plat unless the subdivision plat conforms to sections 354.6,
354.11, and 355.8.
Ames Municipal Code Section 23.302(10) states:
(10) City Council Action on Final Plat for Major Subdivision:
(a) All proposed subdivision plats shall be submitted to the City Council for review
and approval. 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.
(c) The City Council may:
(i) deny any subdivision where the reasonably anticipated impact of such
subdivision will create such a burden on existing public improvements or such
a need for new public improvements that the area of the City affected by such
impact will be unable to conform to level of service standards set forth in the
Land Use Policy Plan or other capital project or growth management plan of
the City until such time that the City upgrades such public improvements in
accordance with schedules set forth in such plans; or,
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(ii) approve any subdivision subject to the condition that the Applicant contribute
to so much of such upgrade of public improvements as the need for such
upgrade is directly and proportionately attributable to such impact as
determined at the sole discretion of the City. The terms, conditions and
amortization schedule for such contribution may be incorporated within an
Improvement Agreement as set forth in Section 23.304 of the Regulations.
(d) Prior to granting approval of a major subdivision Final Plat, the City Council may
permit the plat to be divided into two or more sections and may impose such
conditions upon approval of each section as it deems necessary to assure orderly
development of the subdivision.
(e) Following such examination, and within 60 days of the Applicant's filing of the
complete Application for Final Plat Approval of a Major Subdivision with the
Department of Planning and Housing, the City Council shall approve, approve
subject to conditions, or disapprove the Application for Final Plat Approval of a
Major Subdivision. The City Council shall set forth its reasons for disapproving
any Application or for conditioning its approval of any Application in its official
records and shall provide a written copy of such reasons to the developer. The
City Council shall pass a resolution accepting the Final Plat for any Application
that it approves.
Ames Municipal Code Section 23.403(14)(a)(i) states:
(10) 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 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 existthat 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 agreementwill 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.
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Final Plat for Somerset Subdivision Twenty-Third Addition
Location Map
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