HomeMy WebLinkAboutA002 - Council Action Form dated November 24, 2009 ITEM # 19b
DATE: 11-24-09
COUNCIL ACTION FORM
SUBJECT: RINGGENBERG PARK SUBDIVISION, 2ND ADDITION MINOR FINAL PLAT
BACKGROUND:
Ringgenberg Estates, LLC, represented by Kurt Friedrich, is seeking approval of a minor
subdivision plat for Outlot C of Ringgenberg Park Subdivision. This tract would be
reconfigured into two outlots—Outlot D and Outlot E. The intent is to retain the northern
outlot (D) for later development of the remainder of the Ringgenberg planned residential
development (PRD) and to convey the southern Outlot (E)to Iowa State University, which
intends to maintain it for agricultural purposes.
The area of the proposed subdivision lies within the City limits, although land to the west,
south, and east is outside the City. This area is designated Village/Suburban Residential
on the Land Use Policy Plan Map. The areas outside the City to the west and south are
designated Agricultural/Farm Service on the Ames Urban Fringe Plan and are owned by
ISU. The area outside the City to the east—and extending to University Boulevard (S. 530
Street)—is designated Urban Services Area. There are several property owners of this
land.
The area now known as Ringgenberg Park was annexed into the City in 2003 as part,of a
larger 135-acre request, including some land brought in involuntarily underthe"80/20 rule."
The demand for new lots to accommodate the housing market was a motivation for the
owners to seek annexation and development. When it was annexed, it was in the
Village/Suburban Residential Land Use class—the precursor to what is now known as
Urban Services Area of the Ames Urban Fringe Plan. If the land was subdivided and
approximately 40 acres of land are conveyed to ISU, which proposes to use it for
agricultural purposes, the result would be the loss of land for approximately 140 homes.
This represents nearly a year's worth of land for single family homes taken out of
production.
Infrastructure Requirements
At the time of the platting of the First Addition, the City acquired a 40-foot lot to allow for
the extension of Cedar Lane. This 40-foot lot lies along the east boundary of this proposed
plat. The east line of that 40-foot lot is the City limits of Ames, with agricultural land and
four residences to the east just outside of the City limits. There is a 33-foot easement from
these rural property owners to the county for roadway purposes. The 40-foot lot and 33-
foot easement combined constitute the Cedar Lane right-of-way.A developer's agreement
that was approved in 2005 requires the owner of Ringgenberg to pave both lanes of Cedar
Lane. The paving is required as each portion of the PRD is developed. The requirement to
pave all of Cedar Lane would be transferred to ISU unless the developer's agreement is
amended as recommended in the previous Council Action Form.
1
A modification to the 2005 Developer's agreement has been presented with this final
plat. This Supplemental Agreement proposes to share the burden of the paving of
Cedar Lane along Outlot E with the owners of properties lying east of Cedar.Lane
when those properties are developed. The costs of sanitary sewer,water,and storm
water management would be borne only by those property owners on the east side
unless Outlot E would construct a building that necessitates these improvements.
All necessary infrastructure, such as water, sanitary sewer, storm water management,
street trees, and sidewalks are required by the City subdivision regulations. The 2005
Developer's Agreement also stated that no final plat for any later phase of development of
Ringgenberg shall be approved unless the conditions of the 2005 agreement have been
met. The 2005 agreement allows for the City to require all the improvements (streets,
sewer, water, storm water, sidewalks, and street trees) to be installed prior to approval of
the final plat. Alternatively, the City could require financial security for all of these
improvements or otherwise secure them through a modified Developer's Agreement, which
is being recommended in this case.
This final plat does not establish any developable lots. It creates two outlots for which, by
plat notation and City subdivision regulations, no building permit can be issued. Therefore,
no infrastructure improvements are necessary at this time. Prior to any future development,
these two outlots will need to be re-platted and the infrastructure installed. However, given
the proposed use of the south outlot for agricultural purposes, there may never be any
proposed development of that site, and therefore full improvements along the subdivision
frontage would not be completed unless the land on the east side of Cedar Lane is
developed.
Staff supports an amendment to the Developer's Agreement that specifies a more
appropriate time for installation of improvements. The installation of the improvements
would be premature at this time since the proposed subdivision is not creating any
developable lots. Premature installation would be a burden on the land owner since there
would be no return on the investment in the roads, sewers, water mains, etc. The City still
maintains the ability, through the normal subdivision platting process, to ensure that the
required improvements are installed before any lots are developed by some other entity
than the University.
ALTERNATIVES:
1. The City Council can approve the final plat creating two outlots, subject to the terms of
the proposed Supplemental Agreement.
2. The City Council can deny the final plat if it finds that it does not conform to the
conditions of the original 2005 Developer Agreement, or that it does not otherwise
conform to all subdivision standards.
2
MANAGER'S RECOMMENDED ACTION:
The City has a Developer's Agreement in place which is proposed to be modified with a
Supplemental Agreement affecting Outlot E. The current agreement alone, as well as the
Supplemental Agreement, contains the necessary language that would require that all
infrastructure (streets, water, sanitary sewer, storm water management, street trees, and
sidewalks, and bike path) be installed at an appropriate time. Through the Supplemental
Agreement, a mechanism will be in place to ensure that no private development will occur
without the necessary infrastructure, and that any future infrastructure costs (less over-
sizing) will be borne by others - and not by the City.
Although the City retains the ability to require that the entire necessary infrastructure be
installed now, requiring its installation would be contrary to the City policy of concurrency—
requiring infrastructure to be installed at the time of development. This policy is intended to
assure that streets, sewers, water, etc., are installed prior to the development of the lot,
which in this case is not imminent.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative#1 and approve the final plat for Ringgenberg Park Subdivision, Second
Addition, subject to the terms of the Supplemental Agreement that address the
appropriate timing of infrastructure installation.
3
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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 as follows:
(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,
(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
6
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.
7
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