HomeMy WebLinkAboutA001 - Council Action Form dated October 26, 2010 i
ITEM # 20c
DATE: 10-26-10
COUNCIL ACTION FORM
SUBJECT: GRAND ASPEN SUBDIVISION, 4TH ADDITION MINOR FINAL PLAT
BACKGROUND:
Scott Randall, Randall Corporation, is requesting approval of a Minor Final Plat to
establish a 3-lot residential subdivision for Grand Aspen Subdivision Fourth Addition.
Lot 1 is planned for development in the "RH" (High-Density Residential) zone, and
includes 13.16 acres. Lot A is the right-of-way for Grand Avenue, and Outlot D is an
unbuildable lot that includes 0.19 acres in the northeast corner of the subdivision. This
is a replat of Outlot 'B', Grand Aspen Subdivision Third Addition, 715 South 16th Street.
The property, owned by Scott E. Randall (The Randall Corporation), includes a total of
14.68 acres of land and is located south and west of the Coldwater Links golf course,
and directly north of Ames Christian School at 925 S. 16th Street, and Laverne
Apartments (presently under construction) at 919 S. 16th Street.
In conjunction with receipt of the Final Plat application, the property owner has
submitted a request that the City Council waive the requirements for public
improvements for the Grand Avenue right-of-way, as the street and other public
improvements within the right-of-way will be constructed/installed by the City of Ames in
accordance with the Developer's Agreement for this subdivision.
Approval of this waiver is required for approval of Grand Aspen Subdivision, 4th Addition
as a Minor Subdivision, instead of a Major Subdivision. A division of land is classified as
a "Major Subdivision" if the subdivision includes three or more lots, and/or there is a
requirement for the construction of public improvements as part of the subdivision.
Approval of a Major Subdivision requires the approval of a Preliminary Plat and a Final
Plat. A Minor Subdivision requires only a Final Plat. The Final Plat for Grand Aspen
Subdivision, 4th Addition, can be approved without approving a Preliminary Plat,
if the City Council first waives the requirement for construction of public
improvements in the Grand Avenue right-of-way by the Developer.
A Developer's Agreement for this subdivision is to be considered by the City Council
concurrently with the Final Plat. The Developer's Agreement must also be approved
by the City Council, prior to approval of the Final Plat for this proposed
subdivision.
An "Agreement for Street Trees" is required as part of the approval of this subdivision,
since this is a "residentially-zoned subdivision." A plan for street trees in the right-of-
way for South 16th Street, adjacent to this subdivision, was approved by the City Council
on June 24, 2009, as part of the approval of the Preliminary Plat for Grand Aspen
Subdivision, 3Id Addition. The approved plan includes Black Maple trees planted in the
right-of-way along the frontage of this subdivision on South 16 h Street, spaced at 40
feet on-center. The street trees must meet the requirements of Section 23.402,
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Residential Subdivision Landscaping Standards, of the Municipal Code, see "Applicable
Law" in Attachment C.
The following documents have been submitted with the Final Plat:
• Resolution Approving Grand Aspen Subdivision, 4th Addition;
• Consent to Platting and Dedication of the Public Right-of-Way by the Property
Owners;
• Consent to Platting by Community State Bank, NA, Ankeny, Iowa;
• Consent and Dedication documents signed by the property owners and the
mortgagee;
• Attorney's Opinion verifying ownership and that the property is free of
encumbrances except for the mortgage to Community State Bank;
• Certificate of the County Treasurer certifying the property is free of taxes as of
October 11, 2010;
• New easements for public utilities;
• Access Easement; and,
• Agreement for Street Trees.
The City Council is required to determine compliance with the applicable law found in
Attachment A. Analysis of the proposed subdivision plat demonstrates compliance with
zoning and subdivision standards and confirms that adequate public facilities are
provided for public street frontage and access to Lot 1, which is the only buildable lot in
the subdivision. A Developer's Agreement will be presented to the City Council for
consideration, prior to consideration of the Final Plat that identifies public subdivision
infrastructure that is required and the responsibility for the construction of those
improvements.
Based upon the above analysis, the City Council may conclude that the Final Plat
conforms to relevant and applicable design and improvement standards of the Ames
Municipal Code Chapter 23 (Subdivisions), to other City ordinances and standards, to
the City's Land Use Policy Plan, and to the City's other duly adopted plans, provided the
City Council grants a waiver to the requirements for public improvements for the Grand
Avenue right-of-way, and the Developer's Agreement for this subdivision is approved by
the City Council.
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ALiTERNATIVES:
i1. The City Council can approve the Minor Final Plat of Grand Aspen Subdivision 4th
Addition, and approve the Agreement for Street Trees by finding that all
r requirements of the Municipal Code, Section 23.303 (3)(b) are met, subject to the
following conditions:
I'
A. That the City Council approve the Developer's Agreement for this subdivision;
and, jt
B. That the City Council grant a waiver to the requirements for public improvements
'-for the Grand Avenue right-of-way.
2. If the City Council denieshe�r_equ_e_stedwaiver of required improvements, the City
Council must deny the . Application for Final Plat approval of Grand Aspen
Subdivision, 4th Addition, and require the Applicant to proceed with a Preliminary
Plat for a approval of Grand Aspen Subdivision, 4th Addition, as a Major Subdivision.
3. The City Council can refer this back to staff and/or the property owner for additional
information.
MANAGER'S RECOMMENED ACTION:
The proposed Final Plat for Grand Aspen Subdivision Fourth Addition is consistent with
the requirements of a minor subdivision with the stipulations for approval of the
Developer's Agreement and the waiver of the requirements for public improvements.
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 Grand Aspen
Subdivision, 4th 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 23.103(1), Waiver/Modification, states:
(1) "Where, in the case of a particular subdivision, it can be shown that strict
compliance with the requirements of the Regulations would result in
extraordinary hardship to the Applicant or would prove inconsistent with the
purpose of the Regulations because of unusual topography or other conditions,
the City Council may modify or waive the requirements of the Regulations so that
substantial justice may be done and the public interest secured provided,
however, that such modification or waiver shall not have the effect of nullifying
the intent and purpose of the Regulations. In no case shall any modification or
waiver be more than necessary to eliminate the hardship or conform to the
purpose of the Regulations. In so granting a modification or waiver, the City
Council may impose such additional conditions as are necessary to secure
substantially the objectives of the requirements so modified or waived."
Ames Municipal Code Section 23.303(3) states:
(3) City Council Action on Final Plat for Minor Subdivision:
(a) "All proposed subdivision plats shall be submitted to the City Council for
review and approval in accordance with Section 354.8 of the Iowa Code, as
amended or superseded. 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
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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. If
the City Council determines that the proposed subdivision will require the
installation or upgrade of any public improvements to provide adequate
facilities or services to any lot in the proposed subdivision or to maintain
adequate facilities and services to any other lot, parcel or tract, the City
Council shall deny the Application for Final Plat approval of a Minor
Subdivision and require the Applicant to file a Preliminary Plat for Major
Subdivision."
Ames Municipal Code Section 23.303(4) states:
(4) "Effect of City Council Action on Minor Subdivision: Following such examination,
and within 60 days of the applicant's filing of the complete Application for Final
Plat approval of a Minor 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 Minor 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 23.402(4), Residential Subdivision Landscaping
Standards, states:
"General. As a requirement of subdivision approval for all subdivisions zoned
residentially, trees shall be planted within the right-of-way of all streets proposed within
the subdivision. Trees shall be planted in accordance to the requirements of this
Section.
(1) Tree Species: Trees planted in the public right-of-way shall be of a species
approved by the Department of Public Works from the list of approved tree
species for the City.
(2) Spacing: Trees shall be planted no closer than the distance of the full spread of
the tree to the next adjacent tree according to the species selected. Generally
trees shall be planted at 30 to 50 feet spacing on center. This spacing may be
adjusted as a result of drive openings, underground utility services, street light
placement, and other potential obstructions.
(3) Area Requirements Per Tree: A minimum of nine square feet of area shall be
maintained for each tree and no impervious material shall be installed closer than
30 inches to the trunk of the tree.
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(4) Placement: Trees shall not be located closer than 2-1/2 feet to the back of curb
or the sidewalk line. Where the distance between the back of curb and the
sidewalk is 8 feet, trees shall be centered in the space. Where the distance
between the back of curb and the sidewalk line is greater than 8 feet, trees shall
be planted within 4 feet of the sidewalk.
(5) Location at Intersections. Trees shall not be planted closer than 30 feet from the
corner at intersections and shall not be closer than 20 feet to the intersection of
the front and side lot line on a corner lot."
(6) Location from Driveways. Trees shall not be planted closer to driveways than
specified herein:
(a) Residential driveways- 10 feet
(b) Commercial driveways- determined n a case by case basis.
(7) Location from Street Lights. Trees shall not be located closer to a street light
pole than the distance of the spread of the tree at maturity. The distance shall be
measured from center of the tree to the center of the pole.
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