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Home My WebLink AboutA015 - Resolution No. 10-017 adopted January 12, 2010 ITEM # 29 DATE: 03-23-10 COUNCIL ACTION FORM SUBJECT:MAJOR SUBDIVISION FINAL PLAT FOR SOMERSET SUBDIVISION, TWENTY-FOURTH ADDITION BACKGROUND: Chuck Winkleblack, representing Hunziker Development, D & R Furman, and Friedrich and Sons, has requested approval of a major subdivision plat for the 24t" Addition to the Somerset Subdivision. The site is located at the southeast corner of the intersection of Stange Road and Northridge Parkway. It is currently a vacant lot lying north of Ames Racquet and Fitness Center and west of The Cafe restaurant. This proposal is to subdivide the one lot into four lots—three for commercial development and one for a shared parking area — to serve the Somerset commercial properties. The location of the project is shown on Attachment 1. The proposed subdivision plat is shown on Attachment 2. The necessary supporting documents have also been submitted. Public utility easements are being granted as noted on the plat. In addition, an ingress/egress easement is granted along the south 25 feet of the subdivision to allow public access from Stange Road to the public parking areas east of this subdivision (south of The Cafe). No public improvements were required for this subdivision other than the public sidewalks and street trees. Installation of the public sidewalks and street trees will be included in the agreement, requiring their completion prior to the issuance of certificates of occupancy for any building in the subdivision. No installation agreement or financial security is required. City staff has confirmed that the requirements in Section 23.503 of the Municipal Code, Major Final Plats, and applicable site design standards found in Section 23.401 have been satisfied. In addition the final subdivision plat is consistent with the preliminary plat and major site development plan approved by the City Council on January 12, 2010. That approval included stipulations that: 1. The applicant shall submit information demonstrating that the dumpster is screened; 2. The applicant shall submit the required Construction Site Erosion and Sediment Control Permit application to the Public Works Department; and 3. The Major Site Development Plan shall be corrected to indicate that the proposed dumpster location will be Portland Cement Concrete. All three of these stipulations have now been satisfied. Staff has also determined that the Final Plat complies with the City's Land Use Policy Plan 1 ALTERNATIVES: 1. The City Council can approve the Final Plat for Somerset Subdivision Twenty-fourth Addition by finding that Ames Municipal Code Section 23.302(10) (b) is met. 2. The City Council can deny the Final Plat for Somerset Subdivision Twenty-fourth Addition if it finds that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 3. The City Council can refer this request back to staff or the applicant for additional information. Final action would need to occur no later than April 26 unless the applicant requested an extension. MANAGER'S RECOMMENDED ACTION: City staff has evaluated the proposed final subdivision plat and concluded that the proposal is consistent with the Preliminary Plat and Major Site Development Plan approved by the City Council, that the stipulations as part of that approval have been met, and that the plat conforms to the adopted ordinances and policies of the City of Ames. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 approving the Final Plat for Somerset Subdivision Twenty-Fourth Addition. 2 ATTACHMENT 1: GENERAL LOCATION N v LL r- Z 91 -"a � n fir•` ' -A 'L- L ?1 NORTHFUDGE PKWY 14SUBJECT u . a SITE vi ,m �l 1�1 ^� 1w �— a aNR3r If -dj oil 3 ATTACHMENT 2: FINAL PLAT i ! fill'! 11 o € a jq o g a% a 3, H o inn n yy = Z ? 13- q f4= Q e� qfag s'g } O oilO y , / D rri 0 STANGE ROAD': A11 -- i ns.tc �o�a -100, �avm%VT 1 V Y I I mro , 0 y DO �a• �. 1 I r10 lix I I I x r� � 5 gym' i hill `s o v170v �IG i - - ---- - a i--i L II �! plF;i` SOMERSET SUBDIVISION 24TH ADDITION Bishop Engincermg O { AMES.STORY COUNTY.IOWA AN OFFICIAL REPLAT �•N.w•�.w.ra rru uw 4 ATTACHMENT 3: 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 5 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. 6